Defendant Yao Fuxin, male, born September 29, 1950, identity number 211002195009295630, Han nationality, middle school education, residing at Ferroalloy Committee No. 12, Baita District, Liaoyang City, previously a worker at the Liaoyang City Steel-rolling Mill. As he was suspected of the crime of illegal assembly, marching and demonstrating, he was taken into criminal detention by the Baita District Branch of the Liaoyang Public Security Bureau on March 20, 2002. On March 29 of that year, the Liaoyang City People's Procuratorate approved his arrest. On March 30 of that year, the Liaoyang City Public Security Bureau executed the arrest. On August 15, after discovering the serious crime of endangering state security, Liaoyang City Public Security Bureau decided to recount the time limit for [his] investigation and detention.(3)
Defendant Xiao Yunliang, male, born May 6, 1946, identity number 211002194605066514, Han nationality, middle school education, residing at Shipai Lou Residential Area No. 1, Baita District, Liaoyang City, previously a worker at the Ferroalloy Factory. As he was suspected of the crime of illegal assembly, marching and demonstrating, he was taken into criminal detention by the Baita District Branch of the Liaoyang City Public Security Bureau on March 20, 2002. On March 29 of that year, the Liaoyang City People's Procuratorate approved his arrest. On March 30 of that year, the Liaoyang City Public Security Bureau executed the arrest. On August 15, after discovering the serious crime of endangering state security, the Liaoyang City Public Security Bureau decided to recount the time limit for [his] investigation and detention.
The Liaoyang City Public Security Bureau completed [its] investigation of the case, and on December 22, 2002 transferred the case to this People's Procuratorate for review [in order to determine whether to] prosecute defendants Yao Fuxin and Xiao Yunliang under the crime of subverting the political power of the state. Upon receiving the case, this procuratorate, on December 23, 2002, notified the defendants of their right to retain defenders. This procuratorate also conducted interrogations of the defendants according to the law and reviewed all materials pertinent to the case.
As a result of this investigation, this procuratorate finds that:
Beginning in 1998, defendants Yao Fuxin and Xiao Yunliang met often in Yao Fuxin's shop to listen to "Voice of America" and "Radio France International," thus learning of Wang Wenjiang's (already sentenced) scheme to establish a "China Democracy Party Preparatory Committee for the Three Eastern Provinces," which aimed to "realize a pluralist democratic political system." They then went to Anshan City to seek out Wang Wenjiang and expressed to him their wish to join the "Democracy Party." On September 27 of that year, the two defendants attended a gathering of provincial activists held in the Shengxiang Building in Anshan city. At the beginning of the meeting, Wang Zechen (already sentenced) introduced the situation of the popular movement in China, saying: "Our movement is raising a new banner. Wang Youcai has established a Democracy Party in Zhejiang [province]." Yao, Xiao, and most of the meeting's attendees agreed to establish a "Liaoning Preparatory Committee of the China Democracy Party," and appointed Yao Fuxin as the Liaoyang coordinator.
On November 29 of that year, defendant Yao Fuxin met secretly with Wang Wenjiang and others at the home of Wang Zechen in Mazedun village, Eastern Anshan Township, Qianshan District, Anshan City. They decided to convene the "First Provincial Congress of the China Democracy Party in Liaoning Province" on December 5 of the same year. At that time, the "Liaoning Province Party Branch of the China Democracy Party" would be established and the Constitution of the China Democracy Party would be ratified. However, the "party-building" activities in which they participated did not succeed after these were discovered and prevented by the Public Security Bureau.
On June 3, 1999, defendant Yao Fuxin went with others to Shenyang City [the provincial capital], [where they] participated in a memorial event for the June Fourth Movement organized by the "Democracy Party." Yao added his name to a signed statement issued in the name of the "Liaoning Province Section of the China Democracy Party" calling for the release of Wang Wenjiang and Wang Zechen. Defendants Yao Fuxin and Xiao Yunliang also contacted "Democracy Party" members He Depu, Yang Chunguang, and Wei Zhenjie, and discussed with them the situation of the "Democracy Party" movement, claiming that [Yao and Xiao] were [members of] the "Democracy Party." In winter of 1999, defendants Yao Fuxin and Xiao Yunliang attempted to solicit members for the Democracy Party. They gave the seventh issue of the Opposition Party Democracy Forum to Pang Qingxiang (not to be indicted). Yao tried to persuade Pang to join the "Democracy Party," but was refused by Pang.
During February and March 2002, Liaoyang Ferroalloy Factory went legally bankrupt, and some laid-off workers who did not understand [the situation] were dissatisfied. Defendants Yao Fuxin and Xiao Yunliang took advantage of these objective conditions and met repeatedly with Pang Qingxiang, Wang Zhaoming (not to be indicted), and others at the home of Yao's family shop, and plotted to organize demonstrations and protests. On March 11, defendants Yao Fuxin, Xiao Yunliang and others, without applying for permits, organized some workers of the Liaoyang Ferroalloy Factory to carry out illegal assembly, demonstration and protests, [thus] seriously disturbing functions of state organs. In front of the main entrance of the city government [compound], the two defendants also gave inflammatory speeches.
Despite being reprimanded by the Public Security office, on March 12 Yao and Xiao organized another illegal assembly, demonstration and protest. On March 18, 19, and 20 respectively, Xiao Yunliang, Pang Qingxiang, and others again organized illegal assemblies, demonstrations and protests. Moreover, they ignored orders to disperse, disturbed the proper work of state organs, even blocked street traffic for a long period of time, and caused a severe disruption of the public order. From January 2002 on, Yao and Xiao contacted the hostile separatist organization "China Human Rights and Popular Movements Information Center," led by Lu Siqing; and [also contacted] hostile activist Han Dongfang. They also made contact with reporters at Agence France Presse and the Wall Street Journal in order to pressure the government by publicizing information about their illegal demonstrations and activities; thus having a major influence. Foreign media covered this event extensively through the Internet and exaggerated the facts of the situation, creating a despicable impression.
Defendants Yao Fuxin and Xiao Yunliang were caught by the Public Security office and brought to justice.
The evidence confirming the above facts are as follows:
1. Documentary evidence: Constitution of the China Democracy Party; Statement of the Liaoning Province Section of the China Democracy Party; the verdict of Anshan City Intermediate People's Court (1999) An Xing Chu Zi No. 129; the verdict of (1999) An Xing Chu Zi No. 130; the verdict of (2001) An Xing Chu Zi No. 29; Computer Security Control Report; Opposition Party Democracy Forum Issue No. 7; the order to disperse [the demonstration]; [and] the phone bills and statements of Liaoyang Telephone Company and the Liaoyang Section of China Telecom;
2. Testimony of [the following] witnesses: Wang Wenjiang, Wang Zechen, Kong Cuoping, Zou Ping, Yang Chunguang, Liu Jianping, Li Hongchun, Wei Zhengjie, Pang Qingxiang, Guo Baoshu, He Ruoxue, Chen Dianfan, Chu Baofu, Wang Dawei, Ye Chunyang, Gou Xunjing, Su Anhua, Xu Chuanchen, Li Chunmeng, Zhou Xianfeng, Dong Yanfeng, Dong Yanling, Yuan Chuncai, and Dan Li;
3. Confessions of defendants Yao Fuxin and Xiao Yunliang;
4. Ministry of Public Security; Ministry of State Security; Beijing City Public Security Bureau; China Network Beijing City Correspondence Company; Liaoyang City Public Security Bureau; Baita, Liaoyang City Public Security Bureau; Evidence and background provided by the Baita, Liaoyang City Communications Militia; Proof of investigation; Receipts and notes of evidence gathered.
This procuratorate concludes that the defendants Yao Fuxin and Xiao Yunliang, with the intention to subvert the political power of the state and overthrow the socialist system, have actively engaged in organizing and plotting to establish the hostile organization the "China Democracy Party," as well as organizing illegal assemblies, demonstrations and protests. Their behavior constitutes a violation of Article 105, section 1 [sic] of the Criminal Law of the People's Republic of China. The facts of these criminal activities are clear and the evidence is sufficient. Therefore, they should be held criminally responsible for the charge of subverting the political power of the state. We hereby hand down an indictment in accordance with Article 141 of the Criminal Procedure Law of the People's Republic of China and request a conviction according to the law.
Liaoyang City Intermediate People's Court, Liaoning Province
Investigator: Deng Hong
Proxy investigator: An Xin
December 27, 2002
Seal: Liaoyang City Intermediate People's Procuratorate
1. Defendants Yao Fuxin and Xiao Yunliang are currently detained at Liaoyang Detention Center.
2. We hereby attach two volumes of documents, including the list of witnesses, list of evidence, and copies of all major evidence.
Stamp: This copy is verified as identical to the original document.
1) The stamp indicates that this is not the original bill of indictment. Normally, the original is sent to the court and a copy is sent to each of the parties involved.
2) This is an abbreviated code for the type of document. Liaoshijian refers to the People's Procuratorate of Liaoyang city. Gong stands for public prosecution, and xingsu refers to criminal indictment.
3) According to the Criminal Procedure Law, which sets time limits for detention of suspects during criminal investigation, if a new charge is found during the investigation, the time limit can be "recounted" - i.e., the clock returns to zero and the detention period starts anew.