Appearing on TV One’s Sunday programme on Mr Danny Cancian’s case was challenging.
It is inappropriate, either in my capacity as a lawyer (trained in both China and New Zealand) or as an MP to comment on the judgement itself. Without any comments on the case delivered by the court in Foshan, Guandong, China, any sound-bites from me maybe dry.
And that may well be reflected in the fact that my 60 minute interview with the Sunday crew amounted to about a 20 second clip on the show.
The intro to the Cancian segment on Sunday said it all:
“Danny Cancian – ‘banged up’ abroad for killing a man in China”
The Cancian case has sparked wide discussions as to how safe (or unsafe) it is for New Zealand business people to do business in China.
My observation, from a Kiwi-Asian’s perspective, maybe helpful.
With regard to business, Westerners are generally transaction-orientated. They walk in the door, figure out the deal, sign the contract and get out. Chinese, on the other hand, are relationship orientated. The Chinese concept of friendship, or guanxi, is vital. In a highly centralised state, the use of guanxi is sometimes the only way to get things done.
The core of guanxi is doing business through value-laden relationships. To some extent, guanxi is the counter-part of a commercial legal system. Don’t get me wrong – Asian people do respect contracts. They are ethical. The only difference is that they do business differently. Mostly, obligations come from relationships, not only pieces of paper.
Concerning law, my colleagues in China told me that courts in China regularly handled commercial, civil and administrative cases in a fair and efficient fashion. For criminal cases, especially those in relation to foreigners, judges assigned are more competent and less subject to pressure from local government officials.
In recent years, China has repeatedly revised criminal laws to strengthen the rights of the accused, increased the role for defence lawyers and raised the level of professionalism of prosecutors, police and prison officials. While in New Zealand we’re seeking to look at the inquisitorial system, judges, prosecutors and lawyers in China are adjusting to the shift from a more traditional European inquisitional system to a more common law adversary system.
Broadly speaking, the legal system in China is similar to that of civil law or continental law and sets out a comprehensive system of rules, usually codified, which are interpreted and applied by judges. Cultural factors play an important role, including strong and consistent preferences for social stability and a traditional emphasis on substantive justice that makes it harder to take the procedural rights of defendants as seriously as we do here in New Zealand.
The Cancian case is subject to appeal in the High Court at Guandong.
How far it goes remains to be seen.
Well done Raymond. It appears that Danny Cancian needs any help he can get. On the programme you said you wouldn’t mind reading the transcript of the trial.It would be interesting to hear your comments if you get the chance to do this. I wonder whether the appeal will change the initial judgement.
Good to see you on TV Raymond. We must catch up sometime when you are in Auckland.
Nick (former work buddy from Brookies)
[...] on morality and I think it is our job to encourage them to join the 21st century world. And from Raymond Huo, talking about the case of Danny Cancian, who is in prison for killing a [...]
Deleted personal abuse. Warning. Ban next time Trevor
Thank you all for the comments. Nick: good to see you here. We must catch up in Auckland.
Good points Raymond pity I didn’t catch you on 60 minutes. The case is a messy and emotive one and also quite tragic.
It would be interesting to know exactly what was happening behind the scenes between Chinese and New Zealand diplomats.
As New Zealand is trying to forge lasting trade relationship with China the government may have more than just Danny Canican to consider.
Raymond is right, Guanxi (relationship) seeps into every aspect of the Chinese society, and for all I know in many situations it could even override laws. Seems to me so little is known so far about this case, so I won’t make any comment on it just yet. However I do hope the Chinese authority will handle it with fairness.
Good on you Raymond! good to bring different perspectives & cultures together in your article.
for those who watched one news tonight and those who havnt im a friend of the cancian family and id help anyway i could and have. there is a website for those who would also like to help http://www.freedanny.com Please help and give your donation
Now the Chinese have asked for money immediately otherwise the sentence is increased; it all becomes obvious just how much you can trust the Chinese process and judicial system. I feel strongly for the predicament. I myself face problems in doing business with Chinese now with blackmail and threats of or else if they dont get their own way. Guanxi is just another name for usurp the law and what I want must come or else when later they change their mind over contract. The Chinese are short term players and will do anything for money ethical or not. They are super skilled at the extortion game, having been brought up from an early age to play the game. Every Chinese story has a sample of how to extort or kill someone. Death in China is of little consequence, money is!!! Once you pay they will want more….
However we are not here to discuss the Chinese system, but how to help Danny. The solution is to apply Chinese cultural applications to the predicament. You need a high standing person in China with strong relationships with Government or a high profile western person of significant influence that the Chinese respect. Then you need money or favours to be applied. It needs a NZ Government PM of importance to take an initiative and demand release or extradition on the basis of trade and relations. While signalling the matter is of low priority, but the future of trade with China is high priority. Take the emphasis off the issue of Danny and on to more important issues.
Raymond,
Saying “any sound-bites from me maybe dry” is a very negative attitude. Sounds like you are not even going to try and help Danny. Mate! Sound bites from you (representing the NZ Govt) have to be better than sitting back and saying nothing at all. I do not know the Cancian Family but this storey has touched me and I cant understand why the NZ Govt cannot help or support this man. Yes I have donated money too the appeal.
I urge you Raymond to make as much noise as possible and for every one to put them selves in the shoes of Danny and his family. Sitting in a small cage with 40 other prisinors and worse for the family knowing this and not being able to do any thing. Zane Alexander.
At the end of the day, he did kill someone. Don’t expect much sympathy from me.
What is NZ government doing right now?
Raymond, is there organization like amensty international in China? I contacted amnesty international, which has presence in most countries in the world and they told me that they have no presence in China. There must be similar organizations.
I urge everyone to spread the word and donate money. http://freedanny.com/
I’ve got to say as a family member we, and a number of investors in the Paraparaumu region, are lacking sympathy.
He’s fleeced the family and knowingly. His companies have all gone down the toilet due his large living and he’s kept taking family money to support his lifestyle, all the while ‘investing’ it in his company.
He wont be getting any more money from that well!
I’m sorry for Amanda and the kids, really I am but Danny, I’m sorry to say, this is karma.
I’d just like to add that the reconstructions of the events that have come to pass are all a bit fishy to me. No one gets bumped into (apologised to) and then freaks out 3 days later by attacking someone with 4 or 5 of his mates in a restaurant.
What really happened ?? !!
to Aaron Nathanson
watch your mouth it might get you in for trouble it comes back on you ten fold. I dont think you understand what dannys family is going through and they dont need your horrible comments at the moment try when danny is back
sherryn
To Aaron nathanson, what right do you have to have such an opinion on this matter, from my experience I feel you are very stupid to even write such a comment! danny does not deserve the treatment he has got and neither does his family, and yes what goes around comes around mate so I hope you don’t have a family that is going to suffer like the cancians have been. And one more thing bad move to put your full name up here their are alot of people out there that are on danny’s side and the programme shows exactly what happened you idiot!
When are we going to start charging our Chinese prisoners for food?…a few triad members are starting to end up in our jails. It has taken awhile hasn’t it?
There has been no news, no updates on what is happening with Danny. There needs to be more media attention on this case. The family are suffering because Danny chose to kill instead of being killed. It was self defence but the chinese justice system doesn’t have this concept. Bring him home, even if he has to stay in a NZ jail for a time or home detention. The NZ govt needs to act instead of doing nothing.
I respect that you are trying to assist the family in this difficult situation however I also think that perhaps the best way for this situation to be resolved or similar situations is for us to boycott the Chinese economy and send letters to the government explaining why we have stopped purchasing Chinese products. I know this might have large economic implications for the people of New Zealand however it comes down to a matter of right and wrong and morality over the short term economic consequences.
To all the cry babys out there danny is a good guy and has a heart of gold. Everybody has the devil in them at times what ever he might or might not of done get over it. We are all only human he dosent deserve to be where he is. Everybody needs to think about how his wife and kids feel. If nobody has anything nice to say just dont say it. Danny has allways worked hard all through his life and has supported family and friends. Evrybody is quick to bring up the bad what about all the good he has done. Looks like there is alot of short memorys out there Brendan.
What is the Government doing to bring this man home? The Cancian family has far more than their fair share of pain and heartache.
An horrendous event for the family, but I am in agreement with Aaron. Let’s be grateful it isn’t 30 years that he has to serve.
Well here’S a few FACTS.
Danny Cancian Balance deleted defamatory Trevor
Forgot to mention…I got my sumari sword back from NZ Police, 3 months later.
Trevor, why do you not let the TRUTH be known? I will start my own blog for the real truth to be exposed.
Start your own blog by all means. But don’t run your provocative and defamatory comments on this blog. If you want to comment be more careful. Clare
As a government agency, you are denying me “freedom of speech”
Dick this is not a government agency. It is a privately financed site. Take your defamation elsewhere. You are now banned. Trevor