Bear bile industry gets bitten by legal action

A bear at Gui Zhen Tang's Fujian base, Feb 22, 2012. [Photo/China Daily]

Zang Yun, the lawyer representing the institute, said what backs up the bear bile industry, and the company in particular, are the certificates issued by the authority that gave the industry a legal permit.

It is said that the two licenses, for farming and manufacturing, were issued by Fujian's wildlife authority under the Regulations of Protection of Terrestrial Wild Animals.

"However, issuing the certificates itself is a violation of the Wildlife Protection Law," Zang said.

"The law explicitly prohibits the sale of wild animals and their products except for scientific research or other special purposes."

Gui Zhen Tang's extraction of bear bile certainly does not belong to these special purposes, he said.

"The licenses are therefore not in accordance with the law and should be revoked," Zang added.

Before resorting to legal action, Zang made information disclosure applications concerning the company's operations to the State and provincial forestry authorities, but these were rejected.

The reply from State Forestry Administration said it had rejected Zang's applications on the grounds that neither he nor the institute he represented were interested parties in the case.

As this is the first case of its kind, the qualification issue has sparked a lot of debate.

Wang Canfa, an environmental law professor at China University of Political Science and Law, said: "Everyone has the right to take a legal action against behavior threatening wildlife, according to articles three and five of the Wildlife Conservation Law."

However, Yang Zhaoxia, associate professor at Beijing Forestry University, said the attorney and the institute don't have the "standing" to seek legal relief.

"Chinese law has not recognized environmental rights and interests," he said. "Only by proving that you are a damaged party - that your interests were impaired by the company, can you be recognized as a qualified subject in the lawsuit."

Yang Tongjin from the Chinese Academy of Social Sciences said: "This is a loophole in the current public interest litigation system and environment law.

"The law often lags behind social change and needs to be updated accordingly."

Zang, the lawyer, remains optimistic. He said he has already prepared for all sorts of rejections and defeats. He would go to a higher court if the current one, Gulou district court in Fuzhou city, refused a hearing.

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