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Chongqing Municipality Higher People’s Court Criminal Decision for Xu Wanping CQ Hi. Ct. Crim. Final Trial No. 18 (2006) The original prosecuting organ is the Number One Branch of the Chongqing People’s Procuratorate. Appellant (defendant in the original trial) Xu Wanping, male, born April 11, 1961, Han ethnicity, from Chongqing, high-school education, unemployed, resides at 141-1 Jiguang Village, Dadukou District, Chongqing. Sentenced on February 28, 1990 by the former Chongqing Intermediate People’s Court of Sichuan Province to two years’ imprisonment with subsequent deprivation of political rights for one year for counterrevolutionary propaganda and incitement and seven years’ imprisonment with subsequent deprivation of political rights for five years for organizing a counterrevolutionary group; it was decided to [combine the sentences and] impose a sentence of eight years’ imprisonment with subsequent deprivation of political rights for five years. In July 1997 he was released at the end of his sentence. In October 1998, he was sentenced to three years’ reeducation through labor (RTL) for inciting a disturbance and was released from RTL in 2001. Placed under criminal detention in this case on April 30, 2005 and arrested on May 24 of the same year. Currently being held in Chongqing Municipal Detention Center. Defense attorneys are Liu Yang and Ma Jian, lawyers with the Fenghang Law Firm in Chongqing. The Chongqing Number One Intermediate People’s Court tried the case brought against Xu Wanping, defendant in the original trial, by the Number One Branch of the Chongqing People’s Procuratorate on charges of subversion and on December 23, 2005 issued a criminal verdict for the case Chongqing No. 1 Interm. Crim. First Trial No. 382 (2005). Defendant in the original trial Xu Wanping did not accept the verdict and appealed. After accepting this appeal, this court formed a collegiate bench in accordance with the law and, after reading the case files, questioning the appellant, and hearing the defense attorneys’ opinions, decided that the facts of the case were clear and that the case would be tried without a hearing, in accordance with the law. Because this case qualified as a major and complex case, the president of the Chongqing Municipality Higher People’s Court gave approval for a one-month extension of the time limit for concluding the trial. This trial has now been concluded. The original verdict found that: 1. Defendant Xu Wanping had previously been sentenced to eight years’ imprisonment for counterrevolutionary propaganda and incitement and organizing a counterrevolutionary group. Beginning in 2001, Xu Wanping used methods such as sending documents through the Internet to establish close contact with the overseas hostile organization the “China Democracy Party” and its leaders Xu Wenli, Wang Xizhe, and Huang Hua. He attacked the leadership of the Chinese Communist Party and the people’s democratic dictatorship and accepted RMB 5,000 provided by Wang Xizhe to purchase a computer in order to increase his connections with overseas. In November 2004, Xu Wanping used the Internet to plan and organize activities for applying for the so-called “Wei Jingsheng Chinese Democracy Champion Award” on behalf of individuals who had been sentenced for crimes of endangering state security; he also helped to initiate the “Outstanding Democracy Activist of the Year Competition” and nominated judges. He also wrote an article calling for the establishment overseas of a liaison and funding organization for “democracy activists” in China and proposed a plan for recruiting new members. 2. After defendant Xu Wanping was confirmed as a “member of the China Democracy Party National Preparatory Committee” in early 2003, he immediately had name cards printed using this title and launched activities. From early 2004 until May 2004, he planned and actively took part in the establishment of the “China Democracy Party” Southwestern Coordination Center and maintained communication and discussions with such persons as Li Yunsheng and Xu Wenli. He also convened a meeting of “China Democracy Party” members from Sichuan, Hubei, and Hunan, along with some “democracy activists” from Chongqing. In March 2005, he traveled to Gansu and Shaanxi in an attempt to reorganize and reestablish the “China Democracy Party” in the northwest, and he actively discussed convening a so-called “first plenary session” of the “China Democracy Party.” 3. Defendant Xu Wanping was instructed via the Internet by the overseas leaders of the “China Democracy Party” to take advantage of internal contradictions within the people to create discord in the relationship between the [Communist] Party and the masses, and he used foreign funds to offer financial support to individual members of the “China Democracy Party” who had been sentenced to prison. In early 2004, he took advantage of the fact that Su Zhonglian, a resident of Dadukou District in Chongqing, was unhappy with the government about demolition and removal of his building to ask Su for his petition materials. In July of that year, he made contact with the wife of Du Hongqi, who had been sentenced to prison for gathering a crowd to disturb social order, with the intention of providing information about Du Hongqi’s situation to foreign hostile organizations. After Xu Wanping took responsibility for providing financial support to individual members of the “China Democracy Party” in Sichuan and Gansu who had been sentenced to prison, he used the Internet to launch a so-called “Emergency Aid for Suffering Democracy Activist Comrades-in-Arms” campaign in October of that year. In January 2005, he provided RMB 2,300 in financial support from overseas to the family of “China Democracy Party” member Wang Sen, who had been convicted of endangering state security. He also raised US$400 in financial support from overseas for the children of “democracy activists” He Bing and Jiang Shihua and gave cash assistance to support Li Bifeng and others. With respect to the above facts, there was corroborating evidence in the form of [the documents] “Registration Form for the Acceptance of a Criminal Case,” “Decision to File a Case,” “Arrest History,” the testimony of witnesses, “Search Records,” “Search Warrant,” “Crime Scene Search Photographs,” “Inventory of Items Seized,” “Retrieval Record,” “Relevant Written Evidence and Certifications,” as well as the defendant’s confession. The court of first instance determined that: Defendant Xu Wanping joined the hostile organization “China Democracy Party,” established ties with overseas hostile organizations and individuals, and received instructions and actively carried out hostile activities to attack and subvert the leadership of the Chinese Communist Party and the people’s democratic dictatorship. His actions constitute the crime of subversion, and his crimes are major and should be punished in accordance with the law. Moreover, as he has previously been convicted of endangering state security and has committed crimes of endangering state security since his release at the completion of his sentence, he is a recidivist and should be punished more severely in accordance with the law. Therefore, according to Articles 105(1), 106, 66, 56(1), and 55(1) of the Criminal Law of the PRC, the court ruled that defendant Xu Wanping be sentenced to 12 years’ imprisonment, with subsequent deprivation of political rights for four years for the crime of subversion. Xu Wanping appealed, arguing that: His expression of dissident speech falls under the category of citizens’ free speech, which is protected by the constitution, and he neither attempted to change the system, structure, or nature of the current government nor organized, planned, or carried out acts to subvert state power or the socialist system. The true nature of his acts was to establish and make preparations for a political party; even if it was to establish an illegal political party, his acts do not constitute a crime. The determination that he had established contacts with overseas persons was based on insufficient evidence. For these reasons, his actions do not constitute a crime and certainly not a major crime, and he requested [the court to] acquit him in accordance with the law. Xu Wanping’s defense attorneys argued: The current evidence only proves that Xu Wanping acted to organize the “China Democracy Party,” but there is insufficient evidence to prove that Xu Wanping had established contacts with overseas persons. Xu Wanping neither possessed the subjective intent to subvert the political power, nor did he engage in acts corresponding [to that crime]; at the same time, he brought no serious harm to society. Therefore, [the court] was requested to change the verdict to acquittal for defendant Xu Wanping. During the trial in the case of second instance it was found that: I. On February 28, 1990, appellant Xu Wanping was sentenced to eight years’ imprisonment with subsequent deprivation of political rights for five years for the crimes of counterrevolutionary propaganda and incitement and organizing a counterrevolutionary group. After being released on completion of his sentence, beginning in 2001 Xu Wanping used the Internet to establish close contact with the overseas hostile organization “China Democracy Party” and its leaders Xu Wenli, Wang Xizhe, and Huang Hua, and in July 2003 he accepted RMB 5,000 in financial support from Wang Xizhe. Xu Wanping posted a large number of articles on overseas web sites, attacking the leadership of the Chinese Communist Party, the socialist system, and the people’s democratic dictatorship. He also wrote an article to try to call for the establishment overseas of a liaison and funding organization for “democracy activists” in China and and the recruitment of new “democracy movement” members. In November 2004, Xu Wanping used the Internet to plan and organize activities for applying for the so-called “Wei Jingsheng Chinese Democracy Champion Award” on behalf of individuals who had been sentenced for crimes of endangering state security. He also solicited the opinions of “China Democracy Party” members from all over and helped to initiate the “Outstanding Democracy Activist of the Year Competition” and nominated judges. The above facts were cross-examined at trial by the court of first instance, and this court has verified the following evidence as confirmation: 1. “Criminal Verdict” Crim. No. 195 (1989) of the former Chongqing Intermediate People’s Court of Sichuan Province, “Certification” provided by the Sichuan Provincial Prison Administration Bureau, and Xu Wanping’s “Permanent Population Registration Form,” which confirm that: (1) Xu Wanping was sentenced to two years’ imprisonment with subsequent deprivation of political rights for one year for counterrevolutionary propaganda and incitement and seven years’ imprisonment with subsequent deprivation of political rights for five years for organizing a counterrevolutionary group; it was decided to [combine the sentences and] impose a sentence of eight years’ imprisonment with subsequent deprivation of political rights for five years. He was released at the end of his sentence in July 1997. (2) Xu Wanping was released from RTL in January 2001. 2. “Registration Form for the Acceptance of a Criminal Case,” “Decision to File a Case,” and “Arrest History (Memorandum)” from the Chongqing Public Security Bureau, which confirm that: In May 2001, the Chongqing Public Security Bureau learned during the course of its work that Xu Wanping still maintained a hostile stand after his release from RTL, had not broken off contact with overseas hostile elements, and was suspected of receiving funds from overseas. After filing a case and investigating, it was further discovered that Xu Wanping was actively participating in the party affairs of the hostile organization “China Democracy Party” and was posting articles on hostile overseas web sites, receiving instructions from overseas, and carrying out activities to overthrow state power. After carrying out monitoring and investigation, he was summoned and criminally detained in accordance with the law on April 30, 2005. 3. Chongqing Public Security Bureau “Search Warrant” CQ Pub. Dom. No. 1 (2005), “Search Records” and photographs, and “Inventory of Items and Documents Seized,” which confirm that: On the morning of April 30, 2005, the public security organ carried out a search of Xu Wanping’s house in accordance with the law, with neighbors Luo Zezhen and Li Jianqun [acting] as witnesses. [Police] gathered and seized relevant items connected to the case such as a computer, printer, CD-ROMs, and floppy disks; written evidence such as letters, manuscripts, printed emails, printed articles, and notebooks; name cards; and bankbooks and receipts for withdrawals and wire transfers. This was acknowledged by Xu Wanping’s signature. 4. Chongqing Public Security Bureau Evidence Center’s “Handwriting Analysis Certification” CQ Pub. Sec. Ev. Cert. Hand. No. 55 (2005), which confirms that: Having compared the 120 pages of the various kinds of handwritten documents and large hardcover notebook retrieved from Xu Wanping’s home (the specimen) with letters written by Xu Wanping (the sample), it was concluded that the writing in both the specimen and sample were written by the same person. 5. Chongqing Public Security Bureau “Electronic Data Retrieval and Archiving Record (with Photos),” which confirms that: On the afternoon of April 30, 2005, bureau personnel carried out data retrieval and archiving of Xu Wanping’s desktop computer and seven computer floppy disks in the presence of observers. The computer was opened and the IDE hard drive removed. Using computer evidence-retrieval technology, data from the pre-formatted hard disk was recovered, arranged, and printed. Computer floppy disks were decompressed and the data printed out. There were 10 volumes of evidenciary documents in all, totalling 419 pages. 6. Chongqing Public Security Bureau Domestic Security Protection Division “Memorandum Regarding Email Accounts Used by Xu Wanping, Xu Wenli, Wang Xizhe et al.,” confirming that: Xu Wanping and overseas hostile organization members Xu Wenli, Wang Xizhe, Hong Zhesheng, Li Guotao, Ren Wanding, and Huang Hua each used their own email accounts to carry out activities over the Internet. 7. Xu Wanping’s manuscripts and articles published on the Internet, the main content of which is: (1) A February 31 [sic], 2000 manuscript entitled “Appeal to Those at Home and Abroad Devoted to Concern for Those Persons Engaged in the Early Achievement of the Chinese Democratic and Human Rights Movement” and written under the name of “Li Dongke, political opposition member from Chongqing, China,” in which it was written: “[I] call on the United Nations, international organizations, and governments of the world to take effective measures to actively engage with the Chinese Communist terrorist organization in a political dialogue on democracy and human rights . . . [in order to] force the Chinese Communists to put down their butcher’s knives soon. . . . [I] call on Chinese democracy and human rights activists at home and abroad to drop the conservative ‘rational, peaceful, non-violent’ non-resistance movement in favor of a rational movement of ‘violence for violence’ that does not rule out resistance, retaliation, or attack. . . . I believe that if we only join together and battle to the end, we will certainly soon overcome the Chinese Communist international terrorist organization. . . . Finally, I urgently appeal to you once more to unite and fight to the finish until the Chinese Communist international terrorist group drops its butcher’s knives.” (2) A manuscript entitled “Innermost Thoughts,” in which it was written: “Now I really hope that those countries and [members of] the international community that support the Chinese democracy movement will provide us democracy activists in China with direct financial support. . . . I call for the establishment overseas of an organization especially for making contact with and distributing funds to democracy activists in China and raising funds on behalf of Chinese democracy activists from [foreign] countries and the international community. . . . Now we should seek a common union between the international community, [foreign] nations, and the democracy movement in the name of anti-terrorism and attack totalitarian (terrorist) [countries] and organizations.” (3) A May 2, 2003 manuscript entitled “Essential Points of Training New Recruits,” in which it was written: “The essential points of training new recruits are: 1. Help, encourage, press forward; 2. Care and support; 3. Publicize and introduce.” (4) A March 18, 2005 article entitled “I Don’t Blame the Authorities As I Face Arrest,” published on the Internet under the name “Xu Wanping, Chongqing,” in which it was written: “As I face arrest, sentencing, and imprisonment by the Chinese authorities, my expression does not change and my heart does not pound. . . . Only if we possess true strength can we have an impact on and destroy the political structure of China; only then will it be possible to have dialogue with the authorities on the same level.” 8. Chongqing Public Security Bureau Public Information Network Security Monitoring Division “Identification of Harmful Data in Computer Media” CQ Pub. Net. Mon. Cert. No. 0401 (2004), which confirms that: At the request of the Chongqing Public Security Bureau Domestic Security Protection Division, on April 8, 2004 a determination was made of the nature of the information on three overseas web sites. A document entitled “Membership List of the ‘China Democracy Party’” was found on one of these websites, and among the members listed were a “Xu Wanping” and a “Xu Wenli.” Another website contained two essays signed by Xu Wanping. In one of these, entitled “Which Faction Do I Belong To?” the author refers to himself as a member of the “National Preparatory Committee of the China Democracy Party.” The third website contained a number of articles of a reactionary nature. On the basis of the PRC Computer Information Media System Security Protection Regulations and the Chongqing Computer Systems Security Protection Provisions, it was concluded that the media [described] above contain harmful data attacking the people’s democratic dictatorship, the socialist system, and the Chinese Communist Party. 9. Letters and emails between Xu Wanping and Xu Wenli, Wang Xizhe, and Huang Hua during the period from September 2003 to August 2004, confirming that Xu Wanping was in contact with overseas hostile elements Xu Wenli, Wang Xizhe, and Huang Hua. In an August 26, 2003 email to Wang Xizhe, Xu Wanping wrote that he was preparing to send part of his “Prison Manuscripts” to Wang Xizhe for publication, that he intended to send a “Weekly Commentary” each week to the Democracy Forum [web site], and that [organization of] the “China Social Unity Party” is underway. In a September 19, 2003 email to Xu Wanping, Wang Xizhe wrote: “At present, our party is in urgent need of publicists. If you or some of your friends in Chongqing can keep writing well-crafted, insightful and incendiary critiques [that resonate with] the hardships of the people, those of us overseas can post them as editorials on party web sites and send them all over China encouraging people themselves to take up the struggle. As things stand today, this is the greatest impact [we can have].” 10. Evidence concerning Xu Wanping’s acceptance of RMB 5,000 from Wang Xizhe: (1) Chongqing Public Security Bureau CQ Nat. Sec. No. 16 (2003) “Notice (Receipts) Regarding Inquiry into Criminal Suspect’s Transfer and Deposit of Funds” and the “Savings Account Deposit Receipt” provided by the Shazui branch of the Industrial and Commercial Bank of China (ICBC) in Shenzhen, which confirm that: On July 12, 2003, an individual named “Li Shaobin” transferred RMB 5,000 from the Shazui branch of the ICBC in Shenzhen to the ICBC account of Xu Wanping’s wife, Chen Xianying (account number 3100029301 200272490). (2) Chongqing Public Security Bureau CQ Pub. Dom. Prot. Nos. 53 & 54 (2005) “Notice (Receipts) Regarding Deposit and Transfer of Funds” with attached “ICBC Peony Debit Card or Other Branch Funds Withdrawal Receipts” and the “itemized current account savings transaction history” provided by the Jiangbei branch of the ICBC in Chongqing, which confirm that: On July 16, 2003, “Chen Xianying” withdrew RMB 3,300, 1,500, and 200, respectively, from account number 3100029301 200272490 at the Chongqing ICBC’s No. 2 Shuangxiangzi Office of the Shapingba branch and the Donglu Office and ATM of the Nan’an District branch. (3) Chongqing Public Security Bureau Evidence Center CQ Pub. Sec. Ev. Cert. No. 066 (2005) “Handwriting Analysis Appraisal,” confirming that: For the withdrawals on July 16, 2003 of 1,500 yuan and 3,300 yuan from the account in the name of “Chen Xianying,” the signature “Chen Xianying” on two “ICBC Peony Debit Card or Other Branch Funds Withdrawal Receipts” (the specimen), having been compared to Xu Wanping’s handwriting (the sample), are determined to have been written by the same person. (4) A Shenzhen “Rental Unit Tenant Information Registration Form,” which confirms that: Li Shaobin, male, born on February 13, 1966, Han ethnicity, lower middle school education, unemployed, resides at No. 7 Loushan New Village, Dongshe, Da’an Town, Lufeng County, Guangdong province. (5) Written evidence provided by Li Shaobin on July 26, 2005, which confirms that he runs a retail store in the Futian district of Shenzhen; that in July 2003, someone gave him 20 yuan compensation as a commission for the use of his address and name in transferring RMB 5,000 to Chen Xianying in Chongqing; and that he did not know either party and did not know what the relationship was between the sender and the recipient of the funds. (6) Chongqing Public Security Bureau Domestic Security Protection Division “Memorandum Regarding Funds Transferred to Xu Wanping by Wang Xizhe” dated August 11, 2005, confirming that: In July 2003, Xu Wanping was recruited by Wang Xizhe to be the main domestic contact person for the “China Democracy Party.” Wang [then] promised Xu that he would provide him with RMB 5,000 in activities funds, to be used to [purchase] a computer to facilitate making contact. Subsequently, Wang Xizhe asked Li Shaobin of Guangdong to transfer RMB 5,000 to Chen Xianying and paid Li Shaobin a commission [for his services]. On July 12 that same year, Li Shaobin sent RMB 5,000 via wire transfer from the Shazui branch of the ICBC in Shenzhen to Chen Xianying’s ICBC account (3100029301 200272490). 11. November 21, 2004 emails sent from Xu Wanping to “Gentlemen” and from Li Guotao to “Wanping and All Dear Brothers,” which confirm that: Xu Wanping sent an email requesting that a list of nominees be sent to Wei Jingsheng for the first annual “Wei Jingsheng Chinese Democracy Champion Award” of the so-called Wei Jingsheng Foundation. On that same day, Li Guotao sent an email to Xu Wanping and others proposing that Xu Wanping take charge of and handle this matter. 12. An article entitled “Unite to Nominate Qin Yongmin and He Depu for This Year’s Outstanding Democracy Activist Award,” signed first and published on the Internet by Xu Wanping, which confirms that: Xu was involved in and initiated activities to nominate Qin Yongmin, [who had been found guilty of] inciting subversion, for a so-called “Outstanding Democracy Activist of the Year Competition.” The foregoing evidence establishes that Xu Wanping had been convicted of endangering state security, but when released upon completion of his sentence, retained his hostile views and stand on attempting to overthrow the leadership of the Chinese Communist Party and the people’s democratic dictatorship and change the socialist system; that he maintained close contact with hostile forces overseas and accepted funding [from them]; that he published articles on the Internet attacking the people’s democratic dictatorship and the socialist system and was also actively involved in other hostile propaganda activities. The original verdict established the fact of Xu Wanping’s having accepted funds from Wang Xizhe for the purpose of purchasing a computer. Xu Wanping now admits that that he received the funds but denies that they were to be used to purchase a computer. After examining the facts of the case, the evidence at hand is insufficient to fully prove a direct link, in terms of the timing and source of the money, between the funds accepted and the purchase of the computer; however, [the evidence] is sufficient to establish the fundamental fact that Xu Wanping accepted funds from overseas hostile forces. II. In early 2003, when Xu Wanping learned that he had been confirmed as a member of the “China Democracy Party National Preparatory Committee,” he had name cards printed [with the title] “Member of the China Democracy Party National Preparatory Committee” and launched activities under this identity. As preparation to establish the “China Democracy Party” Southwestern Coordination Center, in early 2004 Xu Wanping maintained communication with persons such as “democracy activist” Li Yunsheng and, through Li Yunsheng, discussed the issue via the Internet with Xu Wenli, who expressed his support. Subsequently, Xu Wanping actively set about establishing the “China Democracy Party” Southwestern Coordination Center. In April 2004, Xu Wanping used the occasion of a wedding celebration to convene a meeting in Chongqing’s Dadukou District of “China Democracy Party” members from Sichuan, Hubei, and Hunan and some Chongqing “democracy activists,” during which they discussed the establishment of the “coordination center.” In March 2005, Xu Wanping also traveled to Gansu and Shaanxi in order to discuss reorganizing the Northwest [branch] of the “China Democracy Party” and reestablishing the “China Democracy Party” with Gansu “China Democracy Party” member Wang Fengshan and Ma Xiaoming from Xi’an, Shaanxi. In March 2005, Xu Wanping discussed convening a “first plenary session” of the “China Democracy Party” with other members. The above facts were cross-examined at trial by the court of the first instance, and this court has verified the following evidence as confirmation: 1. A June 18, 2002 Ministry of Public Security memorandum, “Confirming the ‘China Democracy Party’ to be a Hostile Organization,” which confirms that: The “China Democracy Party” was established in June 1998 and has set up branches both in China and abroad. This organization is hostile to the Chinese people’s democratic dictatorship and the socialist system, and has organized and plotted to carry out activities that endanger state security. Pursuant to the provisions of Article 4 of the National Security Law of the PRC, and Article 5 of the Rules for Implementation of the National Security Law of the PRC, the “China Democracy Party” is determined to be a hostile organization. 2. Xu Wanping’s name cards; written statements provided by Yan Jiaxin, He Bing, Liu Youquan, Li Bifeng, and Li Yunsheng; and [the documents] “Search Records” and photographs and “Inventory of Items and Documents Seized” provided by the Chongqing Public Security, which confirm that: Xu had the phrases “Chinese Political Dissident” and “Current Member of the China Democracy Party Preparatory Committee” printed on his name cards, which he distributed to others. 3. CQ Pub. Net. Mon. Cert. No. 0401 (2004) “Identification of Harmful Data in Computer Media,” which confirms that: A hostile overseas web site contained a document entitled “Membership List of the ‘China Democracy Party,’” and on that list were the names “Xu Wanping,” “Xu Wenli,” and others. 4. Xu Wanping’s handwritten manuscripts and CQ Pub. Net. Mon. Cert. No. 0401 (2004) “Identification of Harmful Data in Computer Media,” which confirm that: In the essay “Which Faction Do I Belong To?” Xu identified himself as a member of the “China Democracy Party Preparatory Committee” and as a “political dissident.” 5. In a manuscript entitled “The Democracy Movement: My Humble Opinion,” Xu Wanping identified himself as a member of the “China Democracy Party Preparatory Committee” and also “the only one of the 53 members of the China Democracy Party Preparatory Committee who is currently locked up in prison.” 6. In a manuscript entitled “New Year Message to the Overseas Headquarters-in-Exile of the China Democracy Party,” Xu identified himself as a “China Democracy Party” member and wrote: “The financial assistance which the Overseas Headquarters-in-Exile of the China Democracy Party has given to incarcerated China Democracy Party [members] has truly made them feel the matchless warmth of being part of one big family and has shown China Democracy Party [members] in China hope for the democracy movement.” 7. The “Press Freedom Guardian” [web site] published a reactionary article on the Internet clearly stating: “The ‘China Democracy Party Preparatory Committee’ announces its formation and will be preparing to convene a first plenary session. . . . Members of the China Democracy Party Preparatory Committee from numerous provinces and municipalities convened a meeting in Hangzhou, Zhejiang on November 8 . . . and after deliberations by members of the China Democracy Party nationwide preliminarily confirmed a list of 53 contact members including Xu Wenli and Xu Wanping.” 8. Witnesses He Bing, Wang Fengshan, Li Yunsheng, Ma Xiaoming, Deng Yongliang, Jiang Shihua and Wang Rongqing, who confirm that: Xu Wanping is a member of the “China Democracy Party National Preparatory Committee” and a member of the China Democracy Party, and he is well-known in China democracy movement circles. Xu Wanping had given them his card, on which was printed “Member of the China Democracy Party National Preparatory Committee.” Witnesses Liu Youquan, Zhang Tianquan, Yan Jiaxin, and Li Bifeng also confirmed that Xu Wanping had given them name cards as well. Witness Liu Feiyao also confirmed that he had learned the fact that Xu Wanping was a “member of the China Democracy Party National Preparatory Committee” on the Internet. 9. In a February 13, 2004 manuscript, Xu Wanping writes: “While visiting friends over the Spring Festival, I listened to the opinions of some democracy-activist friends about the democracy movement within China. After summarizing [what they had to say], there were two main points: First, . . . set up one to three professional democracy-movement mechanisms in each area . . . .; second, a China Democracy Party Working Committee on Domestic Affairs should be established overseas to strengthen work within China and to form a power that integrates both domestic and overseas [members]. Additionally, there should be no infighting overseas, and there must be a commonly recognized moral leader chosen by all sides through an election. . . . The organization must be tightly structured with a spokesperson appointed by the domestic and overseas party affairs liaison office, a current-events commentator, a relief and assistance committee, a support committee, a contributions [fundraising] team, and a financial management committee.” 10. In a February 24, 2004 email to Xu Wenli, Xu Wanping wrote: “I was very happy to see for the first time on the Internet, an article posted by you as [a member of] the Overseas [Headquarters-in-]Exile of the China Democracy Party. I feel that now that you are overseas you must take up the important responsibilities of the China Democracy Party and begin work. This is what we members of the Democracy Party hope to see.” 11. In a written manuscript of an August 16, 2004 email to Xu Wenli, Xu Wanping wrote: “This talk of the new authoritarianism should be rejected if the democracy movement is to have a hope of survival, break out of its predicament, and achieve a balance of power between the two sides. . . . [If we] adopt a moral leader, everyone will support his authority and reject division and quarrelling.” 12. In a November 2, 2004 congratulatory message sent over the Internet to the “Overseas Headquarters-in-Exile of the China Democracy Party,” Xu Wanping wrote: “Warmly congratulate and resolutely support the establishment overseas of the ‘Overseas Headquarters-in-Exile of the China Democracy Party!’” 13. The email inbox of Xu Wanping’s computer contained [a message] “Notice: Three Readings, Two Deliberations, One Decision” with attachments: Charter of the Overseas Headquarters-in-Exile of the China Democracy Party; Membership, Application, Pledge, and Fees for the Overseas Headquarters-in-Exile of the China Democracy Party; Bilingual Chinese-English Overseas Headquarters-in-Exile of the China Democracy Party Membership Certificate and Explanatory Notes; Receipt for Payment of Membership Dues by Overseas Members of the China Democracy Party; Names of Overseas China Democracy Party Organizations; Organizational Structure and Principles; and [information identifying] Overseas Headquarters-in-Exile of the China Democracy Party founder Xu Wenli as Headquarters Executive Director, Huang Hua as Deputy Secretary-General, and Mr. Wang Xizhe as advisor to the Overseas Headquarters-in-Exile of the China Democracy Party. 14. In an April 3, 2004 email to Xu Wenli, Li Yunsheng wrote: “Mr. Xu Wanping recently came to see me, and we exchanged views on the current state and [future] development of the democracy movement within China. We got quite deeply into the issues and came up with a concrete plan of action for the current phase. On the basis of feedback from friends around the country, the most urgent needs in China at present are the organization and establishment of a unified coordination mechanism and the endorsement of new key persons to coordinate and unify democracy movement activities around the country. Only in this way can we transform the old ways of divided authority, lack of concerted action, isolation and lack of support, and things simply taking their course, so that the democracy movement in China can present a new, powerful image domestically and in the international community as a whole.” 15. In an April 4, 2004 email to Li Yunsheng, Xu Wenli wrote: “Within China, coordination practices are totally essential; however, convening a national-level meeting would [cause us to] suffer tremendous losses. All in all, we must by all means avoid acting rashly. Since I am personally overseas, naturally I cannot be a member of this coordinating body. [Given my] special circumstances, [please] do not nominate me to be the overseas liaison or spokesperson for this body. . . . I will choose an appropriate position from which to coordinate with and support you.” 16. In the manuscript of a letter to Tang Yuanjuan, Xu Wanping wrote: “My next step will be to think of ways to use other names under which to convene a national meeting of the Preparatory Committee of the China Democracy Party.” 17. In a March 16, 2005 email to Xu Wanping, Lai Jinbiao wrote: “My comrades and I have deliberated on how to hold a ‘first plenary session.’ I suggested that every province first convene its own ‘first plenary session,’ and through discussion produce provincial-level drafts of a China Democracy Party charter. These provincial drafts would then be collected online and a national general draft of the China Democracy [charter] would be produced on the foundation of these provincial level drafts. I would like to hear from other comrades as to their views on this.” 18. In a March 26, 2005 email to Lai Jinbiao, Xu Wanping wrote: “I think it is too early now to speak of a ‘first plenary session.’ Local [branches] should focus on adding to their numbers and finances. There’s an old Chinese saying: ‘Where water flows, a channel opens.’” 19. Witnesses Deng Yongliang et al. confirmed that: In April 2004, Deng Yongliang, Deng Huanwu, Hu Junxiong, and Xie Changfa attended Xu Wanping’s wedding, at which time they also discussed matters concerning the establishment of a national democracy movement coordination center. 20. Witnesses Ma Xiaoming, Wang Fengshan, and Deng Yongliang confirmed that: In March 2005, Xu Wanping went to Xi’an to see Wang Fengshan and Ma Xiaoming, raising with them [the issue of ] consolidating the strength of the “China Democracy Party” in the northwest and asking Ma Xiaoming to [make] preparations to establish the Democracy Party, but Ma refused. 21. Xu Wanping’s train tickets, which confirm that: From March 2004 to April 26, 2005, Xu traveled to Wanzhou, Tianshui, Xi’an and Chengdu [to carry out activities]. 22. Witness Lai Jinbiao confirmed that: Xu Wanping was the representative of the “China Democracy Party” in Chongqing and had quite extensive contacts nationally. In March 2005, [Lai] and Xu Wanping discussed via email convening a first national plenary session of the “China Democracy Party,” [but] Xu Wanping said that at present they should gather their strength and broaden their friendly contacts, making a decision [about a plenary session] later. The foregoing evidence establishes that Xu Wanping is a member of the hostile organization the “China Democracy Party” and a member of the “National Preparatory Committee of the China Democracy Party” and that he is actively involved in activities to organize and establish the “China Democracy Party.” III. After receiving a September 19, 2003 directive from Wang Xizhe to “encourage the people to rise up and struggle for themselves,” in early 2004 Xu Wanping took advantage of the fact that Su Zhonglian, a resident of Dadukou District in Chongqing, was unhappy with the government over the demolition of his house to ask [Su] for his petition materials. In July 2004, Xu Wanping contacted Li Tingying, wife of Du Hongqi, who had been sentenced to prison for gathering a crowd to disturb social order, with the intention of providing information about Du Hongqi’s situation to foreign hostile organizations to be used in vilifying and attacking the people’s democratic dictatorship in China and creating discord in the relationship between the Party and the masses. In August 2004, upon receiving instructions from Xu Wenli and others, Xu Wanping took responsibility for providing financial support to individual members of the “China Democracy Party” in Sichuan and Gansu who had been sentenced to prison. In October of that year, Xu launched on the Internet the so-called campaign for “Emergency Aid for Suffering Democracy Activist Comrades-in-Arms.” In January 2005, Xu Wanping took RMB 2,300 of the ￡400 (equivalent to RMB 6,217.69) donated by Huang Hua for the support of the family of “China Democracy Party” member Wang Sen, sentenced to prison for endangering state security. He gave the money to Wang Sen’s wife Wei Xinyu. He also raised $400 through overseas hostile element Tang Baiqiao for the support of the children of “democracy activists” He Bing and Jiang Shihua. In addition, Xu gave cash assistance to Li Bifeng and others. The foregoing facts were cross-examined at trial by the court of the first instance, and this court verifies the following evidence as confirmation: 1. In a September 19, 2003 email to Xu Wanping, Wang Xizhe wrote: “Encourage the people to rise up and struggle for themselves.” 2. In a handwritten letter to Wang Xizhe, Xu Wanping wrote: “I was recently asked by a victim of forcible demolition whom I have been assisting to recover [compensation] promised for the past ten years, which you could say is an amount in default. My next step is to set up a special support section on the Internet. If you think this is a possibility, I would like to set up a Support Su Zhonglian’s Demolition and Removal Case special section on your web site.” 3. Chongqing Public Security Bureau Domestic Security Protection Division “Memorandum Regarding Xu Wanping’s Instruction to He Bing to Inquire About the Telephone Number of Du Hongqi’s Family,” which confirms that: In 2004, following the conviction of Du Hongqi of the 338 Xi’nan Military Factory in the Nan’an District of Chongqing for inciting workers to block the factory gate, Xu Wanping planned to inform foreign media of this incident and use it as the occasion to write numerous articles. In August, Xu Wanping instructed He Bing to make inquiries for the telephone number of Du Hongqi’s family and the name of his wife, saying that he would send the information ascertained by He Bing overseas. On August 25, He Bing gave Xu Wanping Du Hongqi’s home telephone number and the name of his wife, Li Tingying. The next day at noon, a human rights center in New York telephoned Du’s residence three times to interview his family about Du’s situation. In early 2005, the “Voice of America” (VOA) again interviewed Li Tingying about the matter. 4. Witness Su Zhonglian confirmed that: In the first half of 2004, Xu Wanping was informed that the dance hall run by Su had been forcibly demolished and that no compensation had been forthcoming. Xu took the initiative and offered to help him solve the matter, and Su then gave the relevant materials to Xu Wanping. Afterwards, when the application for a demonstration he and Dai Mingjiang filed with the Dadukou Public Security Bureau had not been approved and an application to the district government was likewise rejected, Xu Wanping asked him about the matter. 5. Witness He Bing confirmed that: In 2004 he had read in the newspaper about Du Hongqi’s [conviction] and had made inquiries and found Du Hongqi’s home telephone number. He did this because Xu Wanping had said that one could make contact with overseas through the Internet. He told Xu Wanping about this [i.e., Du Hongqi’s situation] in hopes that Xu Wanping would contact the foreign media to better bring the matter to foreign attention. Xu had further asked him to get Du Hongqi’s home telephone number to facilitate contact with the foreign media so they could interview Du’s family members. Following the Spring Festival in 2005, he took Xu Wanping to the home of Li Tingying (Du Hongqi’s wife) and introduced them, saying that Xu Wanping was a “democracy activist” concerned about Du Hongqi. Li Tingying [then] told him about Du’s situation. 6. Witnesses Liu Youquan and Zhang Tianquan confirmed that: In March 2005, the two were introduced to He Bing and Xu Wanping by Li Tingying, who said the two were “democracy activists.” Li Tingying’s goal in meeting with Zhang Tianquan, Liu Youquan, He Bing, and Xu Wanping was primarily to talk about the matter of Du Hongqi being sentenced to prison. Xu Wanping was quite concerned about Du Hongqi, saying that they could put the matter on the Internet, which would disclose it overseas. He thought with some effort they could overturn Du Hongqi’s case. 7. Witness Li Tingying confirmed that: In 2005 Xu Wanping and an individual surnamed He came to her home, expressing concern for Du Hongqi and said that [although] they understood her [desire to] appeal, [such] appeals were useless. This year [when] workers at [Li Tingying’s] unit had gone to see the heads of the military industry bureau, Auntie Wang had fainted at the gate of the military industry bureau. [Since] Xu Wanping had been quite concerned about these events [Li] had telephoned Xu to come and have a look. Last year and this year reporters from VOA had telephoned her home. She was not clear how the VOA had learned of her family’s situation and telephone number. 8. Xu Wanping stated that: He was acquainted with Su Zhonglian, who had told him about his building being demolished, and Su had given him some materials. This year he had become acquainted with Li Tingying through friends, but he did not know Du Hongqi. 9. In an April 4, 2004 email to Li Yunsheng, Xu Wenli wrote: “At this present stage, the core of [our] work has to be directed toward the weaker groups in society (especially all types of imprisoned prisoners of conscience and their dependents). This is the only way for our cause to emerge from its difficulties and not become just a small circle of people spreading dissenting views.” 10. In an August 25, 2004 email to Xu Wanping with the subject line “Six Points on the Rescue and Reward of Imprisoned Democracy Party Persons,” Ren Wanding wrote: “Wanping and Yunsheng are in charge of rescue and reward [efforts] for Democracy Party persons in Sichuan and Gansu.” 11. Beginning in 2004, Xu Wanping posted a series of articles on the Internet [including] “A Proposal in Support of Mr. Qin Yongmin,” “An Appeal on Behalf of our Comrades-in-Arms in the Democracy Movement,” “Strongly Oppose the Arrest by Police in Hangzhou, Zhejiang of Mr. Ouyang Yi, Democracy Activist from the Greater Southwestern Region,” “We Must Act—Thoughts on the Deplorable Situation of Wang Sen,” and “The Esteemed Zhang Lin,” in which he expressed support for other members of the “China Democracy Party” who had been [objects of] crackdowns by the state in accordance with the law and who attacked and vilified the Chinese Communist Party and the people’s democratic dictatorship. 12. An email sent from Huang Hua to Xu Wanping during the Spring Festival in 2005 and an email sent from Xu Wanping to Huang Hua during the same period, confirming that: During the Spring Festival holiday in 2005, Huang Hua asked Xu Wanping to provide him with a list of names and addresses of the families of “China Democracy Party” members who had been sentenced to prison, in order to assist them financially. Xu gave him the mailing addresses of the families, including that of Liu Xianbin. 13. In a March 2, 2005 article entitled “We Must Act to Save Mr. Shi Tao,” Xu Wanping wrote: “It is necessary to act to save Mr. Shi Tao; therefore, I hereby propose as follows: 1) Those with money should give money; those with strength should give their strength, in an all-around effort to support, assist, and show concern for Shi Tao; 2) When Shi Tao goes to trial in Changsha, Hunan . . . go and support him; 3) Learn from Shi Tao, implement [what] Shi Tao [stands for]; 4) Set up on Shi Tao’s behalf an award for China’s Most Instinctive [sic] and Outstanding Reporter” 14. In the article “Strongly Oppose the Chinese Authorities’ Detention of Zhang Lin, Zhao Xin and Other Well-Known Political Dissidents,” to which Xu Wanping was a signatory, it was written: “According to information received from concerned friends, the detention this time of Mr. Zhang Lin, Mr. Zhao Xin, and other well-known political dissidents by the Chinese authorities is primarily related to their preparations to offer condolences and take part in Zhao Ziyang’s memorial. . . . We strongly demand the release of Zhang Lin and Zhao Xin.” 15. In “Urgent 100-Day Appeal to Support Our Suffering Comrades-in-Arms,” written on October 7, 2004, Xu Wanping wrote: “[I have] provided the contact addresses for Wang Sen, Wang Wenjiang et al. The information on the name list is incomplete and the introductions not very detailed. I ask our friends everywhere to provide [such information] as soon as possible and to write more articles introducing them; I sincerely welcome you to take part in this [campaign] by signing [the appeal].” 16. Witness Wang Rongqing confirmed that: After [Wang] was placed under criminal detention in November 2004, he asked Chen Shuqing to write a letter of appreciation thanking democracy party members such as Wang Youcai and Xu Wanping for launching an appeal about his criminal detention. 17. In a July 3, 2004 email to Tang Baiqiao, Xu Wanping wrote: “I recently went to Guizhou again. . . . He’s also playing a very important role in Guizhou, and Mr. Zeng Ning hopes that I can apply to you for financial help for Mr. Li Renke’s studies.” 18. A February 29, 2004 letter from Xu Wanping to Liu Qing and a March 16, 2005 email from Xu to Tang Baiqiao, which confirm that: Xu Wanping went to “Chuandong Prison” in Dazhu County, Sichuan to take RMB 400 in cash to Liu Xianbin. On March 11, 2005, Xu went to Mianyang, Sichuan to greet the return of Li Bifeng, [at which time] he gave Li Bifeng a mobile phone and RMB 1,000. 19. In emails sent to Tang Baiqiao on August 25 and 26, 2004, Xu Wanping wrote: “Sending in the name of He Bing’s daughter was blocked again, so please let me know when you’ve changed it to ‘He Bing’ and send it to my mailbox. When I receive it I’ll send a confirmation in reply. Thanks on behalf of He Bing! Did you receive the one [for] Li Yunsheng’s daughter? Please let me know at the same time. . . . XXX, whom we mentioned last time, doesn’t have children [so] there’s no way I can manage it for him.” 20. In a December 24, 2004 email to Xu Wanping, Huang Hua wrote: “Xizhe’s reminder is very important: ￡400 is not a small sum for me. I cannot afford to risk ‘giving it a try,’ because I don’t have the means to resend it. I don’t think Ms. Wei can afford it either. So tomorrow I’ll wire the funds using the old channel. When you receive my confirmation message tomorrow, please contact Little Deng. . . . Would you please advance 6,000 yuan first? I’ll go to the Bank of China tomorrow and use the account number you provided for Ms. Wei’s [China] Construction Bank account to make a one-time transfer to her of ￡400. I estimate it will take about ten days for it to go through. At the current rate of exchange, ￡400 is equivalent to 6333 yuan, but the bank will deduct some fees. Once the money has been sent, I will send you another confirmation message.” 21. An email from Xu Wanping to Huang Hua, which confirms that: After contacting Huang, Xu gave Huang the number of Jiang Shihua’s account at the Chongqing branch of the Agricultural Bank of China, account number 31-011501100020779. 22. Jiang Shihua’s remittance receipt, confirming that: On May 28, 2004, Jiang received $400 in assistance that Xu Wanping [arranged to have sent] from overseas. 23. The confiscation record and remittance receipt for the $400 received by Jiang Shihua from overseas, which confirm that: On May 4, 2005, a Chongqing Public Security Bureau investigator confiscated a remittance receipt from the Agricultural Bank of China belonging to Jiang Shihua (remittance control number 8201017098). 24. A remittance receipt and foreign exchange receipt for the ￡400 in funds sent by Huang Hua, confirming that: On May 8, 2005, Huang Hua had at two separate times wired [a total of] ￡400 from London, England to Agricultural Bank of China account number 01001500383350217. [Of this], ￡300 was exchanged for RMB 4,628.64 and transferred to account number 011501100020779. Another ￡100 was exchanged for RMB 1,589.05 and [also] transferred to account number 011501100020779. 25. A “Memorandum Regarding Tang Baiqiao’s Identity,” confirming that: Tang Baiqiao is an important figure in the overseas hostile organization “Human Rights in China.” Since 2003, Xu Wanping repeatedly went through Tang Baiqiao to provide the children of Chinese “democracy activists” He Bing, Jiang Shihua, Li Yunsheng, and Ma Xiaoming with financial assistance in amounts of $400 and $500. 26. Witness Wei Xinyu confirmed that: Her husband Wang Sen was convicted of crimes constituting subversion on May 30, 2002 by the former Dazhou Intermediate People’s Court in Sichuan and sentenced to 10 years’ imprisonment with subsequent three years’ deprivation of political rights. In August 2004, Xu Wanping visited her at home and gave her RMB 600 as well as an additional RMB 100 for her father. Later Xu Wanping telephoned to ask her for her bank account number. In April 2005, Xu gave her additional financial assistance in the amount of RMB 2,300, saying the money was donated by friends. 27. Witness Wang Qing confirmed that: She had written a thank-you letter to Xu Wanping for money he had sent her to help pay for her studies; both the name and address on the envelope [of this letter] were written by her mother, Wei Xinyu. 28. Witness He Bing confirmed that: Xu Wanping told him in August 2004 that friends overseas could provide financial assistance for the education of the children of “democracy activists” in China who were in financial straits, and Xu Wanping helped his children to apply for assistance from overseas. In the latter part of September, he received $400 wired from the United States. 29. Witness Jiang Shihua confirmed that: Xu Wanping told him in March 2004 he could get financial assistance for his children to attend school through Tang Baiqiao of the overseas Equal Education Scholarship [Fund], but [the applicant must be a dependent of] someone who had spent time in prison and was a “democracy movement” activist. Afterwards Tang Baiqiao sent him $400. In March 2005, [Jiang] and Xu Wanping went to the bank and withdrew a sum of money which Xu said was to be given to Li Bifeng from the “China Democracy Party” overseas headquarters. 30. Witness Li Bifeng confirmed that: Upon his release from prison in March 2005, Xu Wanping came to see him in Mianyang, Sichuan, and provided him with financial assistance of RMB 1,000 and a mobile phone. 31. Witness Deng Yongliang confirmed that: Xu Wanping made an Internet appeal for financial assistance for convicted democracy party member Wang Sen’s [wife] Wei Xinyu. In June 2005, he saw a message on the Internet saying “Wang Xizhe of the Overseas Headquarters-in-Exile of the China Democracy Party would provide $100 to each dependent of China Democracy Party members imprisoned in China,” and the list of those to be given assistance included Sichuan “Democracy Party” members Liu Xianbin and Wang Sen. 32. Witness Li Yunsheng confirmed that: Xu Wanping had never provided him with any financial assistance from overseas. Xu Wanping had said that the main friends in each place would receive an annual set amount of financial assistance, so he considered seeking out Xu Wenli to discuss [this]. If that didn’t work out, he would have to seek out Liu Qing and discuss it [instead]. Xu Wanping was paid for his writing by “Democracy Newsletter” and “Democracy Forum.” Money for the children was provided by “Human Rights in China.” 33. According to Xu Wanping’s statement: He knew that Qin Yongmin, Liu Xianbin, Wang Sen, Wang Wenjiang, and Yue Tianxiang had all been imprisoned because of “China Democracy Party” matters and considered them all to be members of the “China Democracy Party.” Friends overseas had used him as an intermediary to provide cash assistance to the families of Wang Sen and Zhang Lin. In addition, he had personally given some financial help to Li Bifeng. He believed these people had been persecuted by the government, and he had organized a signature campaign on the Internet and sent letters [mailings] to the United Nations Commission on Human Rights in order to provide moral support to those he was helping. He knew that Wei Jingsheng had organized the “Wei Jingsheng Chinese Democracy Champion Award” and had been involved in the selection activities for this award, which was awarded to Liu Xianbin. Since his release from prison, his travel expenses around the country were covered by friends as well as from money he earned doing odd jobs. His wife Chen Xianying had accounts with both ICBC and the Agricultural Bank of China. The foregoing evidence establishes that Xu Wanping, at the request of hostile foreign forces, created discord in the relationship between the [Communist] Party and the masses and also undertook to assist financially the families of convicted “democracy activists” serving prison sentences. It is the opinion of this court that: Based on the general program of the so-called “(Provisional) Charter of the Overseas Headquarters-in-Exile of the ‘China Democracy Party’” retrieved from Xu Wanping, it is evident that, though it purports to aim at ending “one party rule” and establishing a constitutional democratic republic with a balance of powers, the real purpose of the “China Democracy Party” lies in overthrowing the leadership of the Chinese Communist Party and the socialist system and subverting China’s state power. Xu Wanping, calling himself a “member of the National Preparatory Committee of the China Democracy Party,” received the so-called party charter of the Overseas Headquarters-in-Exile of the “China Democracy Party” and was of one mind with “China Democracy Party” goals and intentions; namely, hostility toward and the attempt to overthrow the political system [consisting of] China’s constitutionally established leadership by the Chinese Communist Party, the socialist system, and the people’s democratic dictatorship. Objectively speaking, Xu Wanping served as an important key member of the “China Democracy Party” who maintained close contact with and received financial aid from foreign hostile forces. He was actively involved in propagandizing and organizing the establishment of the “China Democracy Party” and in inciting a mood of dissatisfaction with the [Communist] Party among the people, [all of which] were acts to plot and organize the subversion of state power and the overthrow of the socialist system [and] constitute the crime of subversion. In engaging in the above-mentioned activities, Xu Wanping was an organizer, implementer, and planner, as well as an active participant. As this is a major crime and [Xu] is a recidivist, he should be punished severely in accordance with the law. Regarding Xu Wanping’s arguments in his appeal that “neither had [he] the intention of changing the present form, structure, or nature of government, nor had [he] organized, planned, or carried out actions to subvert state power or the socialist system. He only formed an illegal political party, which does not qualify as a major crime”: Examination of the facts of the case shows that Xu Wanping did engage in hostile propaganda and incitement such as planning and organizing to apply for the so-called “Wei Jingsheng Chinese Democracy Champion Award” on behalf of persons sentenced to prison for crimes of endangering state security, as well as taking part in and launching the so-called “Outstanding Democracy Activist of the Year Competition.” He was further actively engaged in activities to organize and establish the “China Democracy Party.” His involvement in the organization and establishment of the “China Democracy Party” was carried out under the constraints of the guiding thought and charter of the so-called “China Democracy Party,” whose goal is precisely to change the present political order. Therefore, Xu Wanping’s defense argument here is untenable. As for the assertion in his appeal that “there is insufficient evidence to determine that he acted in collusion with foreigners,” examination of the facts of the case shows that Xu Wanping did collude with foreign hostile organizations; this is fully proven by numerous letters and other evidence: Xu’s defense argument in this matter is untenable. The defense mounted by Xu Wanping’s defense attorneys is basically the same as that given by Xu himself and is similarly untenable. The original facts as determined and the laws applied are accurate, the sentence appropriate, and the trial procedure in compliance with the law. Pursuant to the Criminal Procedure Code of the PRC, Article 189(1), this court rules that: The appeal is rejected and the original verdict stands. The ruling in this case is final. Presiding Judge: Gong Xiaoting Judicial Officer: Shi Mou Deputy Judicial Officer: Zhu Xiao February 28, 2006 (seal of the court) Secretary: Cheng Juan |