The Guangzhou Municipal Public Security Bureau Prosecution Opinion (Tang jingling, Yuan Chaoyang)

ALL TRANSLATIONS ON THIS SITE ARE UNOFFICIAL AND ARE PROVIDED FOR REFERENCE PURPOSES ONLY. THESE TRANSLATIONS ARE CREATED AND CONTINUOUSLY UPDATED BY USERS --THEY ARE FREE TO VIEW, BUT PROPER ATTRIBUTION IS REQUIRED FOR DISTRIBUTION OF THESE OR DERIVATIVE TRANSLATIONS.

【Oiginal】http://wqw2010.blogspot.co.uk/2014/11/blog-post_773.html

【Date of Service】November 25, 2014

Guangzhou Municipal Public Security Bureau Recommendation for Indictment (20143 No. 0476)

Suspect Tang Jingling:Male, born October 28, 1971, in Jiangling County, Hubei Province. Citizen identification number: 422421197110****** Han ethnicity. University graduate. Registered address: Apt 606, Building 32, Lirizhuang West District, Longhu, Xinjin Sub-district, Longhu District, Shantou, Guangdong Province. Place of permanent abode prior to arrest: Room 404, No. 1 South Qilingang Road, Shatai Road, Baiyun District, Guangzhou. He was criminally detained by the Baiyun District Branch of the Guangzhou Municipal Public Security Bureau on suspicion of creating a social disturbance on May 16, 2014. The Guangzhou Municipal People’s Procuratorate approved his arrest on charges of inciting subversion of state power on June 20, 2014, and his arrest was executed by the Guangzhou Municipal Public Security Bureau on the same day. The Guangdong Provincial People’s Procuratorate approved a one-month and a two-month extension of his detention period for further investigation on August 18, 2014, and September 16, 2014, respectively. He is currently being held at Guangzhou Municipal Detention Center Number One.

His defence lawyer is Liu Zhengqing of Guangdong's Anren Law Firm; lawyer’s license number: 14401200110810581.

Suspect Yuan Chaoyang, alias Yuan Xinting:Male, born May 6, 1971, in Suining, Sichuan Province. Citizen identification number: 510902197105*******. Han ethnicity. Junior college graduate. Registered address: No. 26 Nanbei Street upper section, Moxi Township, Anju District, Suining, Sichuan Province. Place of permanent abode prior to arrest: Room 501, No. 107 Gangbei Road, Tangjing Street, Baiyun District, Guangzhou. He was criminally detained by the Baiyun District Branch of the Guangzhou Municipal Public Security Bureau on suspicion of creating a social disturbance on May 16, 2014. The Guangzhou Municipal People’s Procuratorate approved his arrest on charges of inciting subversion of state power on June 20, 2014, and his arrest was executed by the Guangzhou Municipal Public Security Bureau on the same day. The Guangdong Provincial People’s Procuratorate approved a one-month and a two-month extension of his detention period for further investigation on August 18, 2014, and September 16, 2014, respectively. He is currently being held at Guangzhou Municipal Detention Center Number One.

His defense lawyer is Ge Wenxiu of Guandong's Lücheng Dingbang Law Firm; lawyer’s license number: 14401200010382605.

Criminal suspect Wang Qingying:Criminal suspect Wang Qingying: Male, born March 1, 1982, in Sheqi County, Henan Province. Citizen identification number: 411329198203013155. Han ethnicity. Graduate education. Registered address: Haozhai Township, Minzu Road, Sheqi County, Nanyang, Henan Province. Place of permanent abode before arrest: No. 25 Dalong Street, Shijing Township, Panyu District, Guangzhou. He was criminally detained by the Baiyun District Branch of the Guangzhou Municipal Public Security Bureau on suspicion of creating a social disturbance on May 16, 2014. The Guangzhou Municipal People’s Procuratorate approved his arrest on charges of inciting subversion of state power on June 20, 2014, and his arrest was executed by the Guangzhou Municipal Public Security Bureau on the same day. The Guangdong Provincial People’s Procuratorate approved a one-month and a two-month extension of his detention period for further investigation on August 18, 2014, and September 16, 2014, respectively. He is currently being held at Guangzhou Municipal Detention Center Number One.

The case of the suspects Tang Jingling, Yuan Chaoyang, and Wang Qingying concerning the crime of inciting subversion of state power has been transferred from the Baiyun District Branch to our main Bureau. The Baiyun District Branch filed this case on April 23, 2014, and formally opened an investigation into the case on the same day. The criminal suspects were apprehended in this case on May 16, 2014, after which the case was transferred to this Bureau for further handling on June 10, 2014. The investigation into the case of the suspects Tang Jingling, Yuan Chaoyang and Wang Qingyin on suspicion of inciting the subversion of state power has concluded.

 

The following has been ascertained by investigation in accordance with the law:

Beginning in 2006, the suspect Tang Jingling began to consider subverting state power and overturning the socialist system due to being discontent with society's status quo as well as under the influence of liberal foreign ideas. From then on he engaged in criminal activities of inciting the subversion of state power.

From 2006 until the crime came to light, the suspect Tang Jingling colluded with suspects Yuan Chaoyang and Wang Qingying to engage, consecutively, in illegal activities either via the internet, in gatherings, or other methods, including the following: an April 29 Commemoration of Lin Zhao, a Meditation on the 1989 Tiananmen Square Crackdown, Redeeming Votes at Eighty Cents Apiece, 5000-day Countdown to Saying Goodbye to Dictatorship, Fundraising Drive for the Citizen Non-cooperation Movement, People's Postcard Movement, and Charter 08 Signing Drive. He publicly incited and instigated others to participate in the non-violent Citizen Non-cooperation Movement, and posted onlines copies of articles from the books including Breaking the Real Axis of Evil: How to Oust the World’s Last Dictators by 2025 by Mark Palmer and Organizing: Guide for Grassroots Leaders by Si Kahn. He also called on others to "join [him] in promoting the Citizen Non-cooperation Movement to bring about a free and democratic China." In April 2014, the suspects Tang Jingling, Yuan Chaoyang and Wang Qingying pooled funds and the suspect Wang Qingying rented Apt. 3006, No. 143 Zhihe Street, Yongtai, Baiyun District, Guangzhou, as a place for illegally gathering to exchange information for the purpose of inciting the subversion of state power. There they studied a series of books as part of the Citizen Non-cooperation Movement, including Breaking the Real Axis of Evil: How to Oust the World’s Last Dictators by 2025 by Mark Palmer, and Organizing: Guide for Grassroots Leaders by Si Kahn. For the purpose of expanding their influence, in April 2014, the suspect Tang Jingling compiled, without permission, copies of the books Breaking the Real Axis of Evil: How to Oust the World’s Last Dictators by 2025, Organizing: Guide for Grassroots Leaders, From Dictatorship to Democracy, On Strategic Nonviolent Conflict: Thinking about the Fundamentals, and Self-Liberation, and delegated somebody else to print around 500 illegal copies of these books as well as some 6000 leaflets and bookmarks and some 50 flags promoting the Citizen Non-cooperation Movement. The suspects Tang Jingling and Yuan Chaoyang mailed these books and leaflets nationwide to Yin Zheng’an, Chen Jianfang and others who had committed the crime of endangering state security before, for the purpose of distribution. The suspects Tang Jingling and Yuan Chaoyang also distributed the bookmarks and flags to the so-called democracy activists to incite others to subvert state power. The books Breaking the Real Axis of Evil: How to Oust the World’s Last Dictators, Organizing: Guide for Grassroots Leaders by Si Kahn, and others, have theoretorical discussion and planning guidance on mobilizing public opinion, confrontation tactics, action strategies, organization, and implementation of "grassroots organization" and "non-violent resistance." They classify China as a "Communist Dictatorship," and the senior Party leaders as "Dictators of the Communist Party," and in doing so China becomes the "real axis of evil" which must adamently be overthrown, etc. In their appendixes, they list 198 types of subversive measures and instruments, including all kind of demonstrations, public gatherings, strikes and marches.

On May 16, 2014, we conducted a search of the apartment rented by the suspects, Apt 3006, No. 143 Zhihe Street, Yongtai, Baiyun District, and found in total 231 copies of the books Breaking the Real Axis of Evil: How to Oust the World’s Last Dictators by 2025 by Mark Palmer, Organizing: Guide for Grassroots Leaders by Si Kahn, From Dictatorship to Democracy by Gene Sharp, On Strategic Nonviolent Conflict: Thinking about the Fundamentals by Robert L. Helvey, and Self-Liberation by Gene Sharp in the flat. On the same day, criminal suspects Tang Jingling, Yuan Chaoyang and Wang Qingying were brought in.

 

Evidence Affirming the Facts Above:

 

I. Physical evidence: The confiscated physical evidence -- books and leaflets including Breaking the Real Axis of Evil: How to Oust the World’s Last Dictators by 2025 by Mark Palmer, Organizing: Guide for Grassroots Leaders by Si Kahn, From Dictatorship to Democracy by Gene Sharp, On Strategic Nonviolent Conflict: Thinking about the Fundamentals by Robert L. Helvey, and Self-Liberation by Gene Sharp -- are confirmed to be seized unlawful goods.

II. Documentary evidence: 1. The confiscated books -- Breaking the Real Axis of Evil: How to Oust the World’s Last Dictators by 2025 by Mark Palmer, Organizing: Guide for Grassroots Leaders by Si Kahn, From Dictatorship to Democracy by Gene Sharp, On Strategic Nonviolent Conflict: Thinking about the Fundamentals by Robert L. Helvey, and Self-Liberation by Gene Sharp -- have been confirmed to have serious political transgressions. 2. The obtained courier slips and written notes confirm that the suspect Tang Jingling mailed those books. 3. The rental contract confirms that the suspects rented a room in this city at Apt 3006, No. 143 Zhihe Street, Yongtai, Baiyun District. 4. The household registration documents issued by the public Security Bureaus of their registered residences confirm the identities of the suspects Tang Jingling, Yuan Chaohua and Wang Qingying.

III. Witness testimony: 1. The testimonies of witnesses Liu Yulan and Zhong Danhua confirm that Tang Jingling et al made leaflets and flags for the Citizen Non-cooperation Movement. 2. The testimony of witness Yao Chunfang verifies the lease of Apt 3006, No. 143 Zhihe Street, Yongtai, Baiyun District, Guangzhou. 3. The testimonies of witnesses Zhan Shuming and Xiong Daoguang confirm that the suspect Tang Jingling et al printed copies of books including Breaking the Real Axis of Evil: How to Oust the World’s Last Dictators by 2025 by Mark Palmer and Organizing: Guide for Grassroots Leaders by Si Kahn. 4. The testimonies of witnesses Li Weizhong, Liang Biao, Deng Yibi, and Zhang Wei confirm that the suspects Tang Jingling, Yuan Chaoyang and Wang Qingying illegally assembled and mailed books including Breaking the Real Axis of Evil: How to Oust the World’s Last Dictators by 2025 by Mark Palmer and Organizing: Guide for Grassroots Leaders by Si Kahn.

IV. The suspects’ depositions and defense statements: The depositions and defense statements of the suspects Tang Jingling, Yuan Chaoyang, and Wang Qingying confirm that they disseminated and participated in the non-violent Citizen Non-cooperation Movement. The suspects Tang Jingling and Yuan Chaoyang printed, transported and mailed books including Breaking the Real Axis of Evil:How to Oust the World’s Last Dictators by 2025 by Mark Palmer and Organizing: Guide for Grassroots Leaders by Si Kahn.

V. Expert opinions: 1. An expert opinion provided by the Guangzhou Public Security Bureau Forensic Center confirms that the handwriting on the Yuantong Courier receipts and written notes is that of Tang Jingling based on samples of his writing. 2. An expert opinion provided by the Publication Assessment Committee of the Guangdong Provincial Press, Publication, Radio, Film & Television Bureau confirms that Breaking the Real Axis of Evil: How to Oust the World’s Last Dictators by 2025 by Mark Palmer, Organizing: Guide for Grassroots Leaders by Si Kahn, From Dictatorship to Democracy by Gene Sharp, On Strategic Nonviolent Conflict: Thinking about the Fundamentals by Robert L. Helvey, and Self-Liberation by Gene Sharp are illegal publications with serious political transgressions.

VI. Investigation, examination and identification records: 1. The records from examining the suspects’ computers, external drives, etc. confirm the suspects were involved in activities inciting the subversion of state power. 2. The identifications by witnesses Zhang Weihong, Luo Xiangyang, Yu Qiyuan, Zhao Hongwei, Li Yong and Chen Kaipin confirm specific actions taken by the suspects Tang Jingling and Yuan Chaoyang. 3. The record of remote inspection efforts confirms the suspects’ online activity.

VII. Audio-visual data: The audio-visual data provided by Tonghe Pinsheng Tuwen Graphic Design Studio in Baiyun District, Guangzhou confirm the suspects’ specific actions including printing, transporting, and mailing the books.

 

The above facts of the crimes are clear and the evidence is credible and ample; they are sufficient to establish the charges.

 

In conclusion, the suspects Tang Jingling, Yuan Chaoyang and Wang Qingying willfully incited the subversion of state power and the overthrow of the socialist system through slander, defamation, and other means, violating the people’s democratic dictatorship and the socialist system. Their conduct is in violation of Article 105, Paragraph 2, of the Criminal Law of the People's Republic of China, and they are suspected of inciting the subversion of state power. In accordance with Article 160 of the Criminal Procedure Law of the People's Republic of China, we hereby transfer this case to the People’s Procuratorate for review for prosecution.

 

Respectfully submitted to

Guangzhou Municipal People’s Procuratorate

局长:谢晓丹


Attachments:

1. Pretrial case files A and B, a total of three volumes.

2. Seized books, computers, and other materials that are suggested be transferred to the court for judgment according to law. (See the seized items inventory in the case file for more detail.)

3. A total of 7 CD-ROMs of data from the electronics inspection and video monitoring.

About China Law Translate 792 Articles
CLT is a crowdsourced, crowdfunded legal translation project that enables English speaking people to better understand Chinese law.

Be the first to comment

Leave a Reply

Your email address will not be published.


*