79-year-old man sentenced to jail for making ancient firecrackers

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For over 20 years, Yang Fengshen made traditional firecrackers, a local intangible cultural heritage in north China’s Hebei Province which has been passed down generaions for over 2,000 years.

But the 79-year-old man, who is a legal inheritor of the craftsmanship, is now facing four years and six months behind bars after a tip-off last year led to his arrest, detention and trial.

The court’s ruling came under fire on China’s Twitter-like Weibo and sparked heated debate over the clash of ancient traditions and modern-day legal system.

A scene from the Wudao firework festival. /Guangming Daily Photo

Yang is an intangible cultural heritage inheritor of the Wudao firework festival, a local festivity in Zhaoxian County in memory of an ancient general named Wu Dao, who worked the land and helped poor people gain wealth.

For over 2,000 years, people have commemorated their hero by making handmade firecrackers and setting them off on the 15th day of the first lunar calendar month.

Old photograph showing ancient firecrackers at the festival. /Chinanews Photo

Last year, however, local police was tipped by an anonymous source that Yang was making explosive materials and thus took Yang into custody.

He was released 19 days later given his poor health, but the legal case against him still went ahead.

In April this year, a local court sentenced the senior to prison for illegally producing explosives in residential areas.

Yang Fengshen holds the court verdict from the first trial. /Legal Evening News Photo

The ruling was a shock to Yang, who told the Legal Evening News that the provincial government recognized the firework festival as an intangible cultural heritage in 2013, and he was awarded a certificate proving him as the inheritor of the craftsmanship.

Yang is pictured with the awarded certificate proving he is an inheritor of the intangible cultural heritage. /Legal Evening News Photo

“I’ve been making firecrackers for over 20 years, without any accidents, how come I am considered a criminal now?”

The old man said the traditional fireworks were mainly made of sulphur, nitrate and iron and protected by thick paper coatings.

Paper coatings used for making ancient firecrackers. /Chinanews Photo

Because of the legal battle, the festival has been cancelled for the past two years as Yang is the main organizer of the celebrations.

Yang and his family decided to appeal the ruling, and his lawyer has argued that the firecrackers were made specifically for the festival and were not used for commercial or criminal purposes.

Also, as Yang is over 75 of age and has health problems, the sentence should be mitigated, the legal representative said.

Yang and his family are waiting for the final result to be delivered to them. /Legal Evening News Photo

However, the retrial failed to overturn the original ruling. A decision released on the Supreme People's Court’s website has shown that the Intermediate People's Court of Shijiazhuang City rejected the appeal.

While the ruling already publicized, Yang and his lawyer are yet to be informed, and so the elder is free – for now, at least.

Chinese netizens were infuriated over the court’s decision.

“If we have recognized the firecrackers and made the decision to protect the tradition, we should regulate the process and ensure security, instead of taking away the cultural inheritor who is aged over 79,” commented a user who goes by the name @xiaodingdangdeshenqikoudai on China’s Twitter-like Weibo.