Peter Humphrey was once locked up in China
When they brought him his passport, Jeff Harper thought he was getting out.
He stared at the document, its navy cover embossed with the United States seal, as it gradually dawned on him that the Chinese police officer, in his broken English, was describing something quite different.
“He said something about a residential surveillance house,” Harper said. “I had no idea what that was.”
It was early January 2020. Harper, a 6-foot, 8-inch (203 centimeter) professional basketball player, had arrived in the southern Chinese city of Shenzhen, hoping to land a new contract after playing in Norway, Japan and a host of other countries.
Harper had been in China for less than a week when everything went wrong. Walking back from a comedy show with a friend in the early hours of January 7, he said he saw a violent altercation between a man and a partially clad woman on the street and ran over to help.
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According to Harper, he pushed the man out of the way, causing him to fall to the ground. The man then left the scene, Harper said. He and his friend checked that the woman was OK, were told she was, and Harper returned to his hotel.
Hours later, police turned up at his door. In the intervening hours, the man he’d shoved had turned up in hospital, they said, and was now in a coma.
Harper texted his girlfriend back home in Boise, Idaho: “I’m in some trouble.”
Victoria Villareal said that when she finally got Harper on the phone, “the first thing I asked was, ‘Were you trying to help somebody?’”
She spoke to Harper in the police station, as the cops decided whether to charge him and before they confiscated his phone and passport. It would be two weeks before Harper saw that document again, in the hands of the officer he thought was coming to release him.
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But the man Harper says he pushed had not woken up from his coma, and soon after Harper was moved to “residential surveillance at a designated location” (RSDL), a system by which people can be detained in China for up to six months without charge. There, he was informed that the man had died. The exact circumstances of the man’s injury and death remain unclear, police did not respond to a request for further information.
A police document seen by CNN, dated January 20, said Harper was being investigated for causing serious injury by negligence. Harper did not dispute that he had pushed the man but said he did not appear to be seriously injured when he left the scene of the original incident.
As it was sinking in for Harper that he was not going home to Boise anytime soon, Villareal was frantically researching lawyers in Shenzhen, contacting US diplomats, and emailing and calling anyone she knew who might have some experience with China.
This brought her in touch with Peter Humphrey, a one-time journalist turned corporate investigator, who had an intimate knowledge of the Chinese legal system. In 2013, it had been Humphrey who was sitting in a Chinese cell waiting to find out what would become of him, the start of almost two years in various forms of detention, for a crime he says he didn’t commit.
Since his release and return to the United Kingdom, Humphrey has transformed himself into an antagonist of those he blames for putting him behind bars, and an unpaid adviser and lobbyist for those still there. Despite ongoing health problems, which Humphrey said had been exacerbated by his time in prison, this has become something of a mission for the 64-year-old, a second act he never expected.
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“I understand these things, I’ve lived through it, that’s why I open my heart and calendar to a number of people in this situation,” Humphrey said. His advice spans the gamut from dealing with the often arbitrary and confusing Chinese legal system, to what families can expect from their countries’ diplomats, as well as how to support loved ones on the inside from thousands of kilometers away.
For Villareal, Humphrey’s experience and advice was invaluable: “If I hadn’t got a hold of Peter, it would have been a whole lot tougher, Jeff might not be here right now,” she said.
The investigator
Originally from the United Kingdom, Humphrey first went to China as a 23-year-old postgraduate student.
It was 1979, and Humphrey joined a two-year exchange program at the Beijing Language Institute, later taking up what he called “the rather privileged position of ‘foreign expert’.”
Outside his teaching responsibilities, this gave him the ability to travel around the country, at a time when China was still relatively closed off and internal travel among foreign nationals heavily restricted. “I had much more access than most journalists or diplomats,” Humphrey said.
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He had an interest in journalism and started freelancing for a number of publications under a pseudonym, as well as briefly joining the founding staff of the China Daily, a state-run English language newspaper, in 1981.
Humphrey found working at a government propaganda organ claustrophobic, however, and soon moved to Hong Kong, then still a British colony. He spent a year at the South China Morning Post newspaper, before moving to London to join the Reuters newswire, which, after a decade or so in Eastern Europe and the Balkans, sent him back to Hong Kong in 1995 to cover the city’s impending handover to China.
“After the handover I decided I wanted a change of career and professional occupation,” Humphrey said. He began consulting, using his journalistic skills to investigate companies and deals, focusing on due diligence and corporate malfeasance.
In 2003, Humphrey co-founded ChinaWhys with his wife Yu Yingzeng, a longtime financial fraud investigator. The pair soon started working for the various multinationals that had rushed into China after Beijing joined the World Trade Organization in 2001.
One of those companies was GlaxoSmithKline, the pharmaceutical giant. According to court documents in a case Humphrey and Yu later brought against GSK, ChinaWhys was hired in April 2013 to investigate allegations that the company was involved in a bribery scheme which involved paying doctors off in China who would in turn prescribe the company’s medications.
GSK bosses called it a “smear campaign” being waged against them by an aggrieved former employee in the China office. According to the court documents, Humphrey and Yu were told the former employee had sent allegations of bribery and other misdeeds at GSK to Chinese regulators, as well as allegedly circulating a secretly recorded sex tape of GSK China boss Mark Reilly to other company executives.
Within a year however, GSK would end up convicted of offering bribes to boost its business and forced to pay a fine of nearly $500 million to Chinese regulators in late 2014. GSK apologized, admitting that its China operation had broken the law as well as company rules. Former China head Mark Reilly was deported after being given a suspended prison sentence of three years, state news agency Xinhua reported. CNN has been unable to reach him for comment.
By this time, the Chinese authorities had also turned their attention on Humphrey and Yu, who they accused of obtaining private information by “illegal means.”
The couple were arrested in July 2013, and spent over a year in pretrial detention in a Shanghai jail. They were eventually convicted the following August. Humphrey was sentenced to two-and-a-half years in prison, while his wife received a two-year sentence.
Humphrey described the prison system in China as “inhumane and too harsh,” with “all these cases based on extracted confessions and sentencing which is completely reckless.” Experts estimate that around 99% of criminal prosecutions in China end in a guilty verdict, meaning there is little defendants can do but try and make their time in prison as bearable as possible and look for ways to get out early, either through international lobbying or on health grounds.
The rulings hinged in large part on involuntary confessions by both Yu and Humphrey, broadcast during prime time on state television, which the couple says they were forced into “under conditions tantamount to torture.”
China has previously denied using torture to force confessions. Commenting on Humphrey’s case earlier this year, Chinese Foreign Ministry spokesman Zhao Lijian said it had been handled in “accordance with law.”