26 December 2013

Translation: Police Indictment Opinion for Guo Feixiong & Sun Desheng


(N.B.: Yang Maodong is more commonly known to the public as Guo Feixiong.)

Guangzhou Municipal Public Security Bureau, Tianhe District Branch
Opinion Recommending Indictment

GZ PSB Tianhe Indict. (2013) No. 03990

Criminal suspect Yang Maodong, male, born 2 August 1966, Han ethnicity, undergraduate university education, ID number: 42010219660802****, place of household registration: [redacted], Hanyang District, Wuhan, Hubei Province, currently lives at [redacted], Tianhe District, Guangzhou, no party affiliation. Placed under criminal detention on 8 August 2013 on suspicion of gathering crowds to disrupt order in public places. On 12 September 2013, the Guangzhou Municipality Tianhe District People’s Procuratorate approved arrest on suspicion of gathering crowds to disrupt order in public places, and the arrest was carried out on 12 September. On 25 October 2013, a request was approved to extend the custodial period for one month. Criminal suspect Yang Maodong is currently being held in the Tianhe Detention Center.

Defense lawyer is Chen Guangwu, a lawyer with the Shandong Chenhao Law Firm.

Criminal suspect Sun Desheng, a.k.a. Sun Sihuo, male, born 4 December 1981, Han ethnicity, elementary school education, ID number: 42112619811204****, place of household registration: [redacted], Juzilin Village, Qingshi Town, Qichun County, Huanggang, Hubei Province. Placed under criminal detention on 13 August 2013 on suspicion of gathering crowds to disrupt order in public places and placed under residential surveillance in a designated location on 11 September 2013. On 16 October 2013, the Guangzhou Municipality Tianhe District People’s Procuratorate approved arrest on suspicion of gathering crowds to disrupt order in public places, and the arrest was carried out on 16 October. Criminal suspect Sun Desheng is currently being held in the Tianhe Detention Center.

Defense lawyer is Ge Wenxiu, a lawyer with the Guangdong Lüchengdingbang Law Firm, license number: [redacted].

The case of gathering crowds to disrupt order in public places involving criminal suspects Yang Maodong and Sun Desheng was discovered through work carried out by the Public Order Management Division of our bureau on 7 January 2013 and 17 April 2013, respectively. Following review by our bureau, cases were filed for investigation on 7 January and 17 April 2013. Criminal suspect Yang Maodong was taken into custody on 8 August 2013 and criminal suspect Sun Desheng was taken into custody on 13 August 2013. The investigation into the case of gathering crowds to disrupt order in public places involving criminal suspects Yang Maodong and Sun Desheng has now concluded.

Investigation in accordance with law has ascertained: At approximately 5 p.m. on 5 January 2013, criminal suspect Yang Maodong organized more than 10 individuals including Yuan Xiaohua and Yuan Bing (both of whom have been arrested by [police in] Chibi, Hubei Province) to gather for a meal at the Fuhua Hotel in Tianhe District, Guangzhou, where criminal suspect Yang Maodong suggested they discuss their doubts over tampering with the Southern Weekly’s New Year greeting and expressed his own opinions. They discussed raising signs in the street to express support for Southern Weekly, which received the support of criminal suspects Yuan Xiaohua, Yuan Bing et al. Criminal suspect Yang Maodong instructed someone to write posters saying “If Tuo [Zhen’s] Poison is not Eliminated, Guangdong Castrates Itself, Press Freedom, Constitutional Democracy,” “Support Southern Weekly, Defend Press Freedom,” and “The Chinese Dream is a Dream of Constitutionalism” and divided up the work with Yuan Bing et al. and came to an agreement about what to do in case of being taken into custody.

Criminal suspect Yang Maodong arranged for more than 10 individuals including Yuan Bing and Yuan Xiaohua to go one after another from 6 January to 9 January 2013 to the gate of the Southern Weekly offices at 289 Guangzhou Avenue Central, where they raised signs and gave speeches to attract a large group of onlookers and gathered crowds to disrupt order in a public place. On the afternoons of the 7th, 8th, and 9th criminal suspect Yang Maodong went to the gate of the Southern Weekly offices, where he gave speeches or carried out “on the spot inspections.” At its largest, the gathered crowd numbered several hundred, and they obstructed police from enforcing the law and seriously disrupted order in the public space at the entrance to the Southern Weekly offices. Afterwards, criminal suspect Yang Maodong published several items on overseas media sites commenting on the “Southern Weekly New Year’s Greeting Incident.”

In early April 2013, criminal suspect Yang Maodong conspired with criminal suspects Sun Desheng and Yuan Bing in the room where he was living in Changsha, Hunan, where they plotted to go from the origin of the 1911 Revolution in Wuhan, Hubei, and follow the Wuhan-Guangzhou rail line southward, carrying out “sign protests in the streets” in the cities of Wuhan, Yueyang, Changsha, Zhuzhou, Hengyang, Chenzhou, Shaoguan, and Guangzhou, demanding that officials make their assets public and calling on the National People’s Congress to ratify the International Covenant on Civil and Political Rights. Criminal suspect Yang Maodong prepared the items necessary for this action, including banners, a plan for the sign-raising activity, sign-raising times, an itinerary, and the names and contact information for contacts in each city.

Beginning on 12 April 2013, criminal suspects Yuan Bing and Sun Desheng followed Yang Maodong’s instructions and carried out and photographed “sign protests in the streets” in the cities of Wuhan, Yueyang, Changsha, Zhuzhou, Hengyang, Chenzhou, Shaoguan, and Guangzhou in which they demanded that officials make their assets public and called on the National People’s Congress to ratify the International Covenant on Civil and Political Rights. In each of the eight cities, they gathered crowds to disrupt order in public places and blocked police from enforcing the law. After raising signs in the streets of each city, criminal suspects Sun Desheng, Yuan Bing et al., under instruction from criminal suspect Yang Maodong, posted related photographs on overseas websites.

Criminal suspect Sun Desheng has confessed to all of the the facts stated above, while criminal suspect Yang Maodong refuses to confess.

The evidence affirming the facts stated above is as follows: collateral evidence, records of on-site investigation, records of remote investigation, witness statements, documentary evidence, on-site video recordings and photographs, and the statements and defense arguments of criminal suspects Yang Maodong and Sun Desheng.

The aforementioned criminal facts are clear, and the evidence is clear and reliable; this is sufficient to convict.

In summary, criminal suspects Yang Maodong and Sun Desheng gathered crowds to seriously disrupt order in a public place, thereby violating Article 291 of the Criminal Law of the PRC, involving the crime of organizing a crowd to disrupt order in a public place. In accordance with the provisions of Article 160 of the Criminal Procedure Law of the People’s Republic of China, this case is hereby transferred for review for indictment.

Sincerely submitted to:

Guangzhou Municipality Tianhe District People’s Procuratorate

Guangzhou Municipal Public Security Bureau,
Tianhe District Branch
[seal]
10 December 2013

Attached:
1. [Blank] volumes, totaling [blank] pages, of case files
2. Three compact discs related to the case

(Thanks to anonymous friends for help with finalizing this translation.)

1 comment:

  1. "public order" is becoming a scary term ... probably needs to be translated as "party power maintenance"

    ReplyDelete