A 6-hour video from the trial of PLA Major General Xu Qinxian (徐勤先), Commander of the 38th Group Army during the Tiananmen Square protests in 1989, was publicized by the group Human Rights in China in late November 2025. Xu was tried for refusing to follow orders to use force against civilian protesters in Beijing.

A Chinese-language transcript of the video was posted on December 1 on the 鹿津出版社 blog. This is a machine translation of that transcript; there may be errors or omissions. I used the “gemini-3-pro-preview” model for this translation.

(Editor’s Note: This transcript is compiled from the video recording of the “Trial of the Xu Qinxian Case” first released online on November 24, 2025 by Mr. Wu Renhua, a prominent “June Fourth” research scholar and participant in the 1989 Democracy Movement. The recording indicates the court session took place on March 17, 1990.)

[Court bell rings, Clerk Zhao Yonghai announces:] Please enter the courtroom, public prosecutors and defenders. Please enter the courtroom, presiding judge and judges. Reporting to the Presiding Judge: the public prosecutors and defenders have entered the court; the defendant has been escorted to the waiting room; preparations for the session are complete.

Presiding Judge Wei Shibin(hereinafter referred to as Presiding Judge): The Military Court of the Beijing Military Region of the Chinese People’s Liberation Army is now in session. Summon the defendant, Xu Qinxian, to the court!

[Xu Qinxian enters the courtroom escorted by three soldiers, front and back, and stands in the defendant’s dock.]

Presiding Judge: In accordance with the Chinese People’s Liberation Army Military Court and Military Procuratorate Notification No. 11 (1989) and Article 111 of the Criminal Procedure Law of the People’s Republic of China, the Military Court of the Beijing Military Region is conducting a closed trial of the case regarding the defendant Xu Qinxian’s defiance of martial law orders, for which the Military Procuratorate of the Beijing Military Region has initiated a public prosecution. The reason for the closed trial is that this case involves state secrets.

Judge Feng Zhaoshan: Defendant Xu Qinxian, sit down. Do you have any other names?

Xu Qinxian: No.

Judge Feng Zhaoshan: How old are you this year?

Xu Qinxian: 55.

Judge Feng Zhaoshan: Which year and month were you born?

Xu Qinxian: August 1935.

Judge Feng Zhaoshan: What is your ethnicity?

Xu Qinxian: Han.

Judge Feng Zhaoshan: Where is your ancestral home?

Xu Qinxian: Ancestral home, let’s count it as Shenyang, Liaoning; I was born in Shandong.

Judge Feng Zhaoshan: Born in Shandong. A native of Shenyang City, Liaoning. Where do you currently live?

Xu Qinxian: Badachu, Beijing.

Judge Feng Zhaoshan: Specific location, building number?

Xu Qinxian: Shajiapo No. 1, I think. Building 20, Unit 2.

Judge Feng Zhaoshan: What is your education level?

Xu Qinxian: Junior College (Dazhuan).

Judge Feng Zhaoshan: When did you enlist?

Xu Qinxian: December 1950.

Judge Feng Zhaoshan: What positions have you held successively since enlisting?

Xu Qinxian: Cadet, Radio Operator, Staff Officer, Deputy Battalion Commander, Battalion Commander, Regimental Chief of Staff, Section Chief, Division Chief, Division Chief of Staff, Division Commander, Deputy Corps Commander, Corps Commander.

Judge Feng Zhaoshan: When were you appointed Commander of the 38th Group Army? Xu Qinxian: December 1987.

Judge Feng Zhaoshan: When were you conferred what military rank?

Xu Qinxian: Conferred the rank of Major General in September 1988.

Judge Feng Zhaoshan: When were you placed under residential surveillance?

Xu Qinxian: September 11, 1989.

Judge Feng Zhaoshan: Where was the location of the residential surveillance?

Xu Qinxian: The Shangweidian Warehouse of the Beijing Garrison Command.

Judge Feng Zhaoshan: Just one place?

Xu Qinxian: Later transferred to the Military Region Logistics 492 Warehouse.

Judge Feng Zhaoshan: When and for what crime were you legally arrested?

Xu Qinxian: January 9, 1990. The arrest warrant stated it was because of “defying martial law orders.”

Judge Feng Zhaoshan: Where were you detained after the arrest?

Xu Qinxian: The Detention Center of the Beijing Military Region.

Judge Feng Zhaoshan: Have you received any awards in the past?

Xu Qinxian: I have earned merits, served as an advanced worker, and received some awards; I can’t remember them all clearly.

Judge Feng Zhaoshan: What were the main reasons for earning merits?

Xu Qinxian: Working actively and diligently, bearing burdens without complaint.

Judge Feng Zhaoshan: Have you received any disciplinary actions in the past?

Xu Qinxian: I don’t remember this too clearly. At the time, and afterwards, I didn’t see [a disciplinary decision]. I definitely received criticism because I once lost a map. I don’t know if I was finally given a disciplinary sanction or if it ended with just a criticism; I’m not too clear on that.

Judge Feng Zhaoshan: Have you received any criminal penalties in the past?

Xu Qinxian: No.

Judge Zhou Xinhua: Defendant Xu Qinxian, (Xu shouts “Present”), sit down. Do not move your hands around; place them properly. I now announce to you the list of the members of the Collegiate Bench, the Clerk, the Public Prosecutors, and the Defenders, and inform you of the various rights and obligations you enjoy in court. According to Article 105 of the Criminal Procedure Law of the People’s Republic of China and Article 10, Paragraph 2 of the Organic Law of the People’s Courts of the People’s Republic of China, this Collegiate Bench is composed of this Court’s Deputy President, Senior Colonel Wei Shibin; Judge, Colonel (Regimental Level) Feng Zhaoshan; and Judge, Lieutenant Colonel (Deputy Regimental Level) Zhou Xinhua. Deputy President Wei Shibin will serve as the Presiding Judge. This Court’s Judge, Major (Battalion Level) Zhao Yonghai will act as Clerk and maintain the court record. According to Article 112 of the Criminal Procedure Law of the People’s Republic of China, Deputy Procurator-General of the Beijing Military Region Military Procuratorate, Senior Colonel Jiang Jichu; Procurator, Lieutenant Colonel (Regimental Level) Jiang Jiguang; and Procurator, Major (Battalion Level) Wang Changsheng will appear in court to support the public prosecution and supervise strictly whether the court trial is legal. According to Article 26 of the Criminal Procedure Law of the People’s Republic of China, Legal Advisors Yang Yunkai and Qu Hengdong of the Beijing Military Region Legal Advisory Office, entrusted by you, will serve as your defenders and appear in court to defend you.

Judge Feng Zhaoshan: Defendant Xu Qinxian, did you hear clearly the list of the members of the Collegiate Bench, the Clerk, the Public Prosecutors, and the Defenders just announced to you?

Xu Qinxian: I heard clearly.

Judge Feng Zhaoshan: Sit down.

Judge Zhou Xinhua: When you are required to stand, the Presiding Judge will designate you to stand. Do you hear me?

Xu Qinxian: I heard.

Judge Zhou Xinhua: Defendant Xu Qinxian, according to the provisions of Articles 23, 24, and 25 of the Criminal Procedure Law of the People’s Republic of China, you enjoy the right to apply for recusal in court. If you believe that members of the Collegiate Bench, the Clerk, or the Public Prosecutors have an interest in this case that may affect the impartial handling of this case, you may present reasons to apply for their recusal. However, whether they should recuse themselves shall be decided in accordance with the law by the President of this Court or the Procurator-General of the Beijing Military Region Military Procuratorate. Did you hear clearly?

Xu Qinxian: I heard clearly.

Judge Zhou Xinhua: Do you apply for the recusal of any members of the Collegiate Bench, the Clerk, or the Public Prosecutors?

Xu Qinxian: I do not apply; I agree to all of them.

Judge Zhou Xinhua: Defendant Xu Qinxian, according to Article 26 of the Criminal Procedure Law of the People’s Republic of China, you enjoy the right to defense in court. In addition to the defenders defending you, you may exercise the right to defense yourself, conducting statements and defense. Did you hear clearly?

Xu Qinxian: I heard clearly.

Judge Zhou Xinhua: Defendant Xu Qinxian, according to Article 118 of the Criminal Procedure Law of the People’s Republic of China, you also enjoy the right to a final statement in court. After the Presiding Judge declares the conclusion of the court debate, you may make a final speech regarding your understanding of your crime or any requests to the court; you may make a final statement on all these matters. Did you hear clearly?

Xu Qinxian: I heard clearly.

Judge Zhou Xinhua: Defendant Xu Qinxian, according to Article 119 of the Criminal Procedure Law of the People’s Republic of China and the rules of the courtrooms of the People’s Courts of the People’s Republic of China, you shall observe court order, obey court commands, and truthfully answer the interrogation of this court. Did you hear clearly?

Xu Qinxian: I heard clearly.

Presiding Judge: Defendant, stand up. The court investigation will now proceed. First, the Public Prosecutor will read the Indictment.

[Public Prosecutor Jiang Jichu reads the Indictment]

Indictment of the Military Procuratorate of the Beijing Military Region of the Chinese People’s Liberation Army (No. 1 [90] Jing Jun Jian Su Zi)

Defendant Xu Qinxian, Male, Han ethnicity, currently 54 years old, native of Shenyang City, Liaoning Province, of small merchant family background, student status [at time of enlistment], Junior College education. Enlisted in December 1950, joined the Party in July 1956. Appointed Commander of the 38th Group Army of the Army in December 1987. Conferred the rank of Major General on September 1, 1988. Due to defiance of martial law orders, he was dismissed from the position of Corps Commander on May 23, 1989, placed under residential surveillance on September 11 of the same year, and legally arrested on January 9, 1990.

The case of Defendant Xu Qinxian’s defiance of martial law orders was concluded by the PLA Military Procuratorate upon investigation and was authorized to our Procuratorate for review and prosecution on December 8, 1989.

It is now ascertained: At approximately 16:00 on May 18, 1989, Political Commissar of the Beijing Military Region Liu Zhenhua (at the time Commander Zhou Yibing was attending an emergency meeting convened by superiors) and other leading comrades, in the conference room on the third floor of the main office building of the Military Region, conveyed to Xu Qinxian the order of the Central Military Commission regarding the mobilization of the 38th Group Army to Beijing to execute martial law tasks. After Political Commissar Liu and other Military Region leading comrades conveyed the Military Commission’s order and deployed the tasks, Xu Qinxian immediately expressed his refusal to lead the troops into Beijing to execute the martial law tasks. He said: “For such a major event as mobilizing the military, I suggest that the Standing Committee of the National People’s Congress and the full meeting of the State Council discuss it to determine whether doing this is right or wrong. Such an order should be issued by the State; it is inappropriate to issue it in the name of the Party.” He also said: “Such an action must withstand the test of history. An event might not be seen clearly in a short time, but history can prove it; executing such a mission may lead to merit, or it may make one a sinner in history.” He claimed that he could not execute a mission carrying weapons like this, saying, “The Central Military Commission can appoint me as Corps Commander, and it can also revoke my position. I cannot execute such an order; please ask the leadership to find someone else.” Under the stern criticism and instruction of the Military Region leadership, Xu Qinxian went to the Military Region Operations Duty Room and used a secure telephone to convey the Military Commission’s order to the Group Army’s Political Commissar Wang Fuyi, saying to Wang: “I do not agree with this method. I cannot execute this order. I can no longer command; as for who will command, you decide.” At approximately 19:00 that evening, in Room 213 of the Military Region’s Building 85 Guesthouse, Xu Qinxian called Political Commissar Liu of the Military Region and said: “I have passed the order down. Do not look for me regarding this matter in the future.” Thereafter, Xu Qinxian did not express any intention to execute the Military Commission’s order to the Military Region leadership.

The aforementioned criminal facts are clear, corroborated by documentary evidence and witness testimony. Xu Qinxian’s act of defying the Military Commission’s martial law order interfered with the leading organ’s deployment of martial law tasks, fueled the arrogance of turmoil and riot elements, increased the difficulties for the troops entering the city to execute martial law tasks, seriously damaged the political reputation of our Army, and caused vile political influence both domestically and internationally.

As a Group Army Commander, at a critical moment when the Party and the State were in a life-or-death situation, Defendant Xu Qinxian disobeyed orders at the front line, seriously harming the interests of the Party and the State. The nature of the act is vile, and the consequences are serious. According to Article 79 of theCriminal Law of the People’s Republic of China, and in reference to Article 17 of theProvisional Regulations of the People’s Republic of China on Punishing Servicemen for Dereliction of Duty, Defendant Xu Qinxian’s conduct constitutes the crime of defying martial law orders. In accordance with Article 100 of theCriminal Procedure Law of the People’s Republic of China, we hereby institute a public prosecution and request punishment in accordance with the law.

To the Military Court of the Beijing Military Region.

(Beijing Military Region Military Procuratorate)

Deputy Procurator-General: Jiang Jichu

Procurators: Jiang Jiguang, Wang Changsheng

January 10, 1990

Presiding Judge: Defendant, sit down. Defendant Xu Qinxian, based on the accusations in the indictment, the court will now investigate the criminal facts of your defiance of martial law orders. Defendant Xu Qinxian, when, where, and from whom did you receive the notification to go to the Beijing Military Region Headquarters to receive the mission?

Xu Qinxian: At noon on May 18, 1989, I received a call from Deputy Chief of Staff Tang Minghong at the Corps, telling me to go to the Military Region to receive a mission.

Presiding Judge: How did Tang Minghong notify you? Xu Qinxian: By telephone.

Presiding Judge: By telephone. What did you say to Tang Minghong?

Xu Qinxian: At that time, because I was hospitalized with an illness, he asked me if I could go. I said yesterday’s stone had been passed, so I could manage to go now.

Presiding Judge: When and for what illness were you hospitalized at the General Hospital of the Beijing Military Region?

Xu Qinxian: Around noon on May 16, ‘89, I was transferred from Fangshan 280 Hospital to the Military Region General Hospital due to urinary system stones.

Presiding Judge: Which department were you staying in?

Xu Qinxian: Internal Medicine Department 5.

Presiding Judge: When was the urinary stone passed?

Xu Qinxian: Around dinner time on May 17.

Presiding Judge: How was your physical condition after the stone was passed?

Xu Qinxian: Weak, in pain, powerless. Because the onset on May 15 tortured me for two or three days. I had no energy, my body was tired, and furthermore, many parts of my body were in pain.

Presiding Judge: Besides urinary stones, did you suffer from any other illnesses during your hospitalization?

Xu Qinxian: At the time, I had injured my foot during training in mid-March, so I checked that incidentally. The others were incidental checks.

Presiding Judge: The court will now read the testimony of Tang Minghong, Deputy Chief of Staff of the 38th Group Army Headquarters.

(Judge Feng Zhaoshan reads the testimony) “At 12:30 on May 18, I received a call from Comrade Hong Shuifeng of the Military Region Operations Department, notifying me: ‘Please have your Corps Commander come to the conference room on the 3rd floor of the main office building of the Military Region at 3:00 PM for a meeting.’ I asked what it was about. He said there was a mission. At the same time, he notified me to immediately send a helicopter to Shijiazhuang to pick up Commander Qin of the 27th Corps for the meeting at the Military Region. After receiving this call—Xu was hospitalized at the Military Region General Hospital for urinary stones at the time and was not in the barracks—I immediately reported the situation to Political Commissar Wang and other leaders present at the Corps. I suggested that since the Commander was hospitalized, perhaps Political Commissar Wang should attend the meeting? Political Commissar Wang instructed: ‘Ask the Military Region if it’s okay for me to go.’ I immediately called and asked Minister Hong for instructions. After asking the Military Region chiefs, Hong replied: ‘The Political Commissar cannot go; the Commander must go.’ I reported the Military Region’s opinion to Political Commissar Wang and immediately notified Commander Xu, who was hospitalized at the Military Region General Hospital, by telephone. Xu asked what was happening. I said I didn’t know, possibly a mission. Xu asked again: ‘Do I really have to go?’ I said I had already asked the Military Region, and the Military Region said you must go. Xu said: ‘Then I’ll go.’” — Tang Minghong, July 28, 1989.

Presiding Judge: Did you hear clearly the testimony of Deputy Chief of Staff Tang Minghong just read?

Xu Qinxian: I heard clearly.

Presiding Judge: Deputy Chief of Staff Tang Minghong’s testimony proves: At 12:39 [sic] noon on May 18, he received a call from Minister Hong of the Military Region Operations Department notifying the Commander of the 38th Group Army to attend a meeting at 3:00 PM in the conference room on the 3rd floor of the Military Region office building. After reporting to Political Commissar Wang Fuyi of the 38th Group Army and seeking instructions from the Military Region chiefs, he notified Commander Xu, who was in the Military Region General Hospital, by telephone. You agreed to go to the Military Region for the meeting yourself. Defendant Xu Qinxian, do you have any comments on Deputy Chief of Staff Tang Minghong’s testimony?

Xu Qinxian: The testimony basically conforms to the facts. Just the part in the middle where it says I asked if I could go—I stated my physical condition, and I said I could go because the stone had passed the previous day. Because he didn’t understand my condition very well at the time. If it were the condition before dinner on the 17th, I couldn’t have gone. I mentioned my illness and indicated I could go. I don’t remember the specific time clearly.

Presiding Judge: Does the defender have any comments?

Defender: No.

Presiding Judge: Defendant Xu Qinxian, what time did you arrive at the Beijing Military Region Headquarters to receive the mission, and what time did you leave the Beijing Military Region General Hospital?

Xu Qinxian: I don’t remember the specific time clearly. After receiving the call, I looked for a car. At the time, the car had gone to the station to send the clinic director back to the barracks and hadn’t returned yet. I looked for the General Hospital again and asked them to send a car. I made several calls that didn’t go through—to the Dean, the Administration Office—finally I called the Military Region Operations Duty Room and asked them to tell Military Region Logistics to ask the hospital to send me a car. This delayed some time in the middle. Later, knowing I was going to the Military Region, several doctors came to help examine and treat me. Because my body was quite weak after the illness and there were many problems, they gave me injections and medicine, treating me for quite a while. Later, the car returned. I don’t remember the specific time clearly, probably between 14:00 and 15:00.

Presiding Judge: Whose car did you take in the end? Who was the driver?

Xu Qinxian: Our Corps’ car, the driver was Ping Fakui.

Presiding Judge: What time did you arrive at the Beijing Military Region Headquarters?

Xu Qinxian: About 16:00.

Presiding Judge: Where in the Military Region Headquarters did you receive the mission?

Xu Qinxian: At the time, I remember it was the conference room on the west side of the third floor, the main building of the Military Region. Taking the elevator on the east side, walking west, the conference room is on the south side of the corridor.

Presiding Judge: Which chiefs and staff members of the Military Region participated when you received the mission at the Military Region Headquarters?

Xu Qinxian: Political Commissar Liu, Deputy Commander Li, Chief of Staff Zou. I don’t recall if Minister Xu from Logistics went first or joined in the middle of the meeting. There was also the Minister of the Operations Department, and others who looked familiar but I couldn’t name, plus several staff members.

Presiding Judge: Did Deputy Chief of Staff Huang Yunqiao of the Military Region Headquarters participate?

Xu Qinxian: Chief of Staff Zou, Deputy Chief of Staff Huang Yunqiao.

Presiding Judge: Did Deputy Minister Dai Jinsheng of the Operations Department participate?

Xu Qinxian: I don’t remember clearly.

Presiding Judge: Do you know him?

Xu Qinxian: Yes.

Presiding Judge: From what time did the Military Region start giving you the mission?

Xu Qinxian: I didn’t record the exact time, I can’t recall now, approximately around 16:00. After going up, after the Garrison Command leaders left, they spoke to me.

Presiding Judge: Who was the chief in the Military Region who gave you the mission?

Xu Qinxian: Mainly three chiefs spoke. Political Commissar Liu, Deputy Commander Li, and Chief of Staff Zou. According to my memory, Political Commissar Liu spoke about the situation, saying demonstrations in Beijing had developed somewhat compared to earlier, and the situation was somewhat serious; Deputy Commander Li mainly spoke about the specific martial law tasks, which unit provides how many people, how many weapons and equipment. Chief of Staff Zou spoke about specific requirements. There is a brief record.

Presiding Judge: What was the main mission these three chiefs gave you?

Xu Qinxian: Martial law mission.

Presiding Judge: Martial law mission for where?

Xu Qinxian: Entering Beijing. Several points were designated. First enter these points, these points… I can’t remember clearly, staying at the Artillery, Communications Department… designated several locations, go to these locations first.

Presiding Judge: Enter Beijing to execute martial law tasks.

Xu Qinxian: Correct.

Presiding Judge: Who was ordered to enter Beijing to execute martial law tasks?

Xu Qinxian: In our Corps, it was 15,000 men, 200 to 300 armored vehicles, and others carrying weapons and ammunition.

Presiding Judge: Required to arrive in Beijing at what time, on what date?

Xu Qinxian: May 20.

Presiding Judge: Specifically what time?

Xu Qinxian: Can’t remember clearly, anyway it was the 20th.

Presiding Judge: Think again.

Xu Qinxian: Can’t recall, only remember it was the 20th. Maybe it’s in the records from that time. At that time, no specific departure time was stipulated, just to arrive on the 20th.

Presiding Judge: Where was the assembly area after the troops arrived in Beijing?

Xu Qinxian: I don’t remember clearly now. At the time, there was the Military Commission Headquarters compound, etc.

Presiding Judge: Where was the Corps Headquarters to stay?

Xu Qinxian: General Staff Communications Department.

Presiding Judge: Let me ask you again, what did Political Commissar Liu Zhenhua say at the time?

Xu Qinxian: I don’t remember accurately, vaguely my impression is that he said Vice Chairman Yang [Shangkun] convened a meeting with several leading comrades of the Military Commission Headquarters and spoke about the situation of demonstrations in Beijing developing somewhat. If we retreat a bit, they advance a bit. Some even produced pamphlets about Hu Yaobang, attacking the Central Committee, etc. There were other situations I don’t remember clearly, as it’s been nearly a year. Roughly these situations.

Presiding Judge: Did Political Commissar Liu speak about the issue of martial law? How did he speak?

Xu Qinxian: I don’t remember clearly whether Political Commissar Liu spoke about it, or Deputy Commander Li spoke about it, or both chiefs spoke. In my impression, Political Commissar Liu spoke about the situation, and Deputy Commander Li spoke specifically about the martial law mission.

Presiding Judge: Did they say which troops were being mobilized to Beijing to execute martial law tasks?

Xu Qinxian: I don’t know which chief said this, there were several units, including the Beijing Garrison, the 27th, and the 65th, totaling 45,000 or 50,000 men.

Presiding Judge: Was this said by Political Commissar Liu?

Xu Qinxian: It seems it was said by Deputy Commander Li.

Presiding Judge: Did Political Commissar Liu say anything else?

Xu Qinxian: I can’t recall now, there was a record at the time.

Presiding Judge: What did Deputy Commander Li mainly speak about?

Xu Qinxian: Commander Li spoke about these specific martial law tasks. Which unit provides how many people, how many weapons and equipment. Stay at what location. Whether he said it or Chief of Staff Zou said it, I don’t remember clearly.

Presiding Judge: Martial law troops providing how many people, carrying what weapons and equipment, these were all said by Deputy Commander Li. Who else spoke?

Xu Qinxian: Chief of Staff Zou spoke, about some requirements after moving in.

Presiding Judge: What requirements?

Xu Qinxian: Requirements regarding uniform, and what other issues, he spoke about six or seven points, I don’t remember clearly, there is a record.

Presiding Judge: Did other chiefs speak?

Xu Qinxian: Can’t remember. At the time, last time the comrades from the court came to ask, saying Minister Xu might have spoken. Later I recalled, possibly Minister Xu spoke, said a few sentences. Originally I didn’t remember. What he said was nothing more than matters of living support.

Presiding Judge: Defendant Xu Qinxian, whose order was it to mobilize the 38th Group Army to the Beijing area to execute martial law tasks?

Xu Qinxian: At the time, it seems it wasn’t explicitly stated which level’s task it was. But in my impression, this was an order from the Military Commission Headquarters.

Presiding Judge: Whose decision was it to implement martial law in parts of Beijing?

Xu Qinxian: Regarding this, at the time, the impression was a bit blurry. Meaning Vice Chairman Yang gathered a few people and held a meeting. As for other contents, I don’t remember clearly now.

Presiding Judge: Did they say whose decision it was to implement martial law in parts of Beijing?

Xu Qinxian: It seems they didn’t say.

Presiding Judge: Do you know now whose decision it was?

Xu Qinxian: Now of course I know; it was the Party Central Committee, the Central Military Commission, and published by the State Council.

Presiding Judge: Defendant Xu Qinxian, after the Beijing Military Region chiefs gave you the Central Military Commission’s order to mobilize the 38th Group Army to Beijing to execute martial law tasks, as the Commander of the 38th Group Army, how did you express yourself at that time? What attitude did you adopt towards executing the Central Military Commission’s order?

Xu Qinxian: After these leading comrades finished speaking, I first inquired about some issues that were not very clear. Because the transmission was relatively fast, and the notes were not accurate, there were several issues that were not clear. I asked about these unclear issues; one impression that was relatively deep was regarding the carrying of weapons and equipment. Weapons and equipment mentioned various light weapons, automatic rifles, submachine guns, how many rounds of ammunition, pistols, and other weapons. At that time, the concept of “other weapons” was not very clear, so I asked what other weapons included? The chief replied light and heavy machine guns, including anti-aircraft machine guns. At that time, armored vehicles were also mentioned, asking if the 6th Tank Division had enough? I checked the simplified table of organization; I looked and saw that excluding those under repair, the 6th Tank Division could not reach 200-300 armored vehicles. There were a few other unclear issues. After asking about all the unclear issues and the chiefs answering them, I then spoke.

I said I had a different opinion on this matter. I said this is a mass political event, which should mainly be resolved through political means. If force must be used, I said the Garrison troops, Public Security, and Armed Police are enough. If field armies must be used, I suggested moving the field armies to the outskirts of Beijing to maintain deterrence—I didn’t say the following words at the time—maintain deterrence, facilitate maneuvering, and use military force to back political resolution. I didn’t say that. I said for such a big matter, it should be studied well. I suggested the Politburo, the State Council, and the Central Military Commission meet to discuss properly how to handle it appropriately. I said the army is integrated into the state system; the NPC can also discuss it. I said this mission is different from fighting on the front line or disaster relief; those combat missions and front lines are relatively distinct, and the missions are clear. For such a mission, carrying weapons and equipment, good people and bad people are mixed together, the army and civilians are mixed together, how to execute it? Who to hit? Then I expressed that such an order would best be transmitted directly from the Military Region to the Corps. Then several chiefs said, you should transmit it; it’s not good if you don’t transmit it, right? At that time I said superiors can appoint me or dismiss me; executing this mission well makes one a hero, executing it poorly might make one a sinner in history.

In the middle, several chiefs said: “It’s not good for the order not to be transmitted through you, the Corps Commander, is it?” I said the army is absolutely led by the Party, not listening to any single person. It’s the same whoever transmits it. At that time, given the complexity of this mission—as I said before, good people and bad people mixed together indistinguishable, army and civilians mixed together indistinguishable—if conflict occurs and something happens in the future, who is responsible? The chiefs said we are collectively responsible, everyone is responsible. I said: “That’s easy to say, but if something happens, it’s still the matter of the direct responsible person.” Later they still said: “You should transmit it.” They said it several times. I subsequently transmitted it.

Presiding Judge: Did you make any other expressions? Xu Qinxian: No other expressions.

Presiding Judge: The order—were you executing it or not executing it?

Xu Qinxian: At that time, I went to transmit the order. At this time, it seems nothing else was said.

Presiding Judge: Think again?

Xu Qinxian: Nothing else, didn’t say anything else.

Presiding Judge: Defendant Xu Qinxian, “For such a major event as mobilizing the military, I suggest that the Standing Committee of the National People’s Congress and the full meeting of the State Council discuss it to determine whether doing this is right or wrong?” Did you say these words?

Xu Qinxian: I didn’t say it like that. I just said such a major event—not only referring to mobilizing the army to solve this problem, but the whole event—such a major event should be prudently studied and resolved again, so I suggested the Politburo, the State Council, and the Central Military Commission discuss what to do. Additionally, because solving this problem already involved the issue of mobilizing the army, I also mentioned in passing that the army is integrated into the state system, and the NPC can also discuss it. It was spoken in this sequence.

Presiding Judge: This meaning was still there. Such a big thing should be discussed, by the NPC and State Council.

Xu Qinxian: This meaning is there, but the difference within is quite large.

Presiding Judge: What is the difference?

Xu Qinxian: Because our army is absolutely led by the Party, discussing it in the Politburo or the Central Military Commission is acceptable. When I spoke, the meaning was very clear: Politburo, State Council, Central Military Commission discuss it. The ensuing event, because it involves mobilizing the army, if following the past constitution, the NPC Standing Committee could not discuss it; now integrated into the state system, the NPC Standing Committee can also discuss it. Finally, I also said a sentence: isn’t there talk of scientific and democratic decision-making? This is also what the Central Committee says. I just suggested the Politburo, the State Council, and the Central Military Commission discuss it. Now saying I only spoke of the NPC Standing Committee and State Council discussing whether it’s right or wrong? This reverses the primary and secondary. In terms of scientific and democratic decision-making procedures, our Central Committee discusses, the Central Military Commission discusses; of course, for the scientification and democratization of decision-making, other state institutions can also conduct necessary discussions under the Party’s leadership. But one cannot cast aside the Politburo and only let other state organs discuss; this does not conform to the Constitution, does not conform to our army’s traditions, and does not conform to our army’s fundamental system. Handling this event or involving the mobilization of the army follows the same reasoning. Because the Constitution has already stated that our Communist Party of China holds a leading position in the nation’s political life.

Presiding Judge: That means you also said suggesting the Politburo discuss it.

Xu Qinxian: Politburo, Central Military Commission.

Judge Feng Zhaoshan: Then regarding the implementation of martial law in parts of Beijing, did you know that the Politburo didn’t discuss it? That the Central Military Commission didn’t discuss it?

Xu Qinxian: How the decision was made at the time, I wasn’t too clear. Hearing at the time that it would be handled this way, whether this decision was scientific, democratic, and correct or not, purely from this scientific democratic decision-making process…

Presiding Judge: Don’t go on yet, I’m just asking you, how did you know the Politburo and State Council didn’t discuss it?

Xu Qinxian: I didn’t know.

Presiding Judge: “Mobilizing the army, mobilizing so many troops fully armed to come to Beijing, requires a written order. Such an order ought to be issued by the State; issuing it in the name of the Party is inappropriate.” Did you say this at the time?

Xu Qinxian: This was towards the final stage of the meeting. This time I mentioned this is a major event, I suggest the Military Region had best issue a written order. This was mentioned. Saying “ought to be issued in the State’s name, issuing in the Party’s name is inappropriate”—this matter, I didn’t have such a thought in my mind, and I absolutely did not say this at the meeting, because there was absolutely no such concept in my mind.

Presiding Judge: “Is it right to enter the city carrying guns and driving armored vehicles now?” Did you say this?

Xu Qinxian: It seems this wasn’t said like this? If spoken, it was just now… because this involves… this mass political event should be resolved by political means. Handling it like this, is it appropriate or not? Mentioning this meaning. Just now Judge Feng Zhaoshan mentioned this meaning; I don’t remember saying it like this. Please, Judge Feng Zhaoshan, say it again, let me recall.

Presiding Judge: “Entering the city carrying guns and driving armored vehicles now, is it right?”

Xu Qinxian: I didn’t say it like that. If mentioned, it was: is it appropriate to use force to solve this problem?

Presiding Judge: “Such an action must withstand the test of history. An event might not be seen clearly in a short time, but history can prove it.” Did you say this at the time?

Xu Qinxian: Was this said at the time, or later? I don’t remember clearly. I had this in my thoughts; in which setting or when it was said, I don’t remember clearly.

Presiding Judge: “Executing such a mission may lead to merit, or it may make one a sinner in history.” Did you say this at the time?

Xu Qinxian: I said this at the time.

Presiding Judge: “The Central Military Commission can appoint me as Corps Commander, and it can also revoke my position.” Did you say this at the time?

Xu Qinxian: I mentioned this meaning at the time, but it seems the words were not spoken exactly like this. Because I mentioned that this order had best be transmitted directly from the Military Region to the Corps. The chief said: “It’s not good not to go through you, the Corps Commander, is it?” I said: “Superiors can appoint me as Corps Commander and can also dismiss me as Corps Commander.” I didn’t mention the Central Military Commission.

Presiding Judge: Who can appoint you, who can dismiss you?

Xu Qinxian: That wasn’t said at the time. Of course, there is appointing and dismissing authority, but it wasn’t said at the time.

Presiding Judge: “I cannot execute such an order; please ask the leadership to find someone else.” Did you say this at the time?

Xu Qinxian: This remark followed… meaning this mission, good people and bad people are indistinguishable, army and civilians mixed together, how to execute? It was said like this.

Presiding Judge: How was it said?

Xu Qinxian: Just mentioning, I said this mission is different from combat and disaster relief, because those missions are clear, lines are distinct, targets are clear; saying this mission, good people and bad people mixed together, army and civilians mixed together, how to execute this? This cannot be executed—it seems I didn’t say that.

Presiding Judge: Then what about the good and bad people? Clarify the latter part.

Xu Qinxian: I said how to execute? At the time, whether I said “how to execute” or “cannot execute,” I remember it seems I said “how to execute.”

Presiding Judge: “Please ask the leadership to find someone else.” Did you say this?

Xu Qinxian: I don’t remember this clearly. Because in my impression of this matter, the command team is not one person, it is a team. “Find someone else”… you don’t need to find someone else; if the Corps Commander isn’t there, there is the Deputy Corps Commander, there are Corps political leaders, there is the Political Commissar, there is the Chief of Staff. So at the time, it seems this wasn’t mentioned.

Presiding Judge: Defendant Xu Qinxian, regarding executing the Military Commission’s order, what exactly was your attitude? After the Military Region chiefs gave you the order, what exactly was your attitude towards executing the order?

Xu Qinxian: At the time, I couldn’t quite come around to this issue. The reasons are those mentioned before.

Presiding Judge: Answer my question directly. What exactly was your attitude towards executing the Military Commission’s order at the time? Was it merely a problem of obstructed thinking, or a problem of refusal to execute? Or what problem? Answer this question directly.

Xu Qinxian: At the time, the whole duration was relatively short, just a process of twenty or thirty minutes, too short for deep, detailed contemplation. But at the time, while saying these things or listening to the chiefs transmit these instructions, I had a thought. Because I personally couldn’t quite come around to it, my personal thought at the time was that as the 38th Group Army, as the whole force, it should execute. My going from the General Hospital before recovering to receive the mission, and my inquiring about those unclear issues during the process of receiving the mission, all can prove this. But personally, in my thoughts, I was seriously obstructed.

Presiding Judge: You yourself were seriously obstructed in your thinking. Your thinking was obstructed, seriously obstructed; then regarding this order, was it to execute or not to execute?

Xu Qinxian: As for the troops, resolutely execute. As for me personally, I didn’t really want to participate.

Presiding Judge: Was it merely a problem of not wanting to participate? You are the Commander of the 38th Group Army, a senior commander of our army; you commanded thousands of troops and horses. You are not an ordinary soldier, participating or not participating. What exactly is the problem? Is it a problem of participating or not participating?

Xu Qinxian: At the time, I personally thought it was a problem of participating or not participating.

Presiding Judge: You are a senior commander. You are a Group Army Commander; participate if you want, don’t participate if you don’t want? This is not such a simple problem of participating or not. The Military Region chiefs gave you an order, a Military Commission order; is this a problem of you participating or not? This question, I still require you to answer directly.

Xu Qinxian: At the time, the thought was like this: as for the troops, they must resolutely execute; as for me personally, I didn’t want to participate. However, analyzing the substance of this problem, as a commander, if you don’t participate, what does this imply? There is this issue.

Presiding Judge: What does it imply?

Xu Qinxian: It implies the issue of me personally not executing the order. It implies this issue, but at the time I didn’t realize this issue.

Presiding Judge: At the time the Military Region chiefs gave the Military Commission’s order, ordering the 38th Group Army to execute the mission, is there still a question of realizing or not realizing? How exactly were the thoughts and actions at the time? State truthfully to this court. Thoughts seriously obstructed, not executing. Can it be said like this?

Xu Qinxian: Yes.

Presiding Judge: After the Military Region chiefs gave you the Military Commission’s order, you expressed non-execution of the Military Commission’s order. Regarding this attitude of yours, did the Military Region chiefs criticize you at the time? How did they criticize?

Xu Qinxian: I don’t remember this clearly. Because at the start I was unwilling to transmit, they said “It’s not good if you don’t transmit,” “It’s not good not to go through you, the Corps Commander.” The chiefs did mean to criticize. I don’t remember the exact words clearly.

Presiding Judge: The chiefs criticized you. After the criticism, what was your attitude?

Xu Qinxian: Afterwards, I went to transmit the order.

Presiding Judge: Then when, where, and by what method did you transmit the Military Commission’s order to Political Commissar Wang Fuyi of the 38th Group Army?

Xu Qinxian: The time… anyway, the whole receiving of the mission, and in the middle my expressing some different opinions, the chiefs criticizing a few words, then saying “you transmit it,” so I transmitted it. I don’t know who led me diagonally across from the conference room; outside there was a small room with a telephone. Getting the call through, I transmitted it to Political Commissar Wang Fuyi.

Presiding Judge: Who went with you?

Xu Qinxian: I don’t remember clearly.

Presiding Judge: Did someone go with you?

Xu Qinxian: It seems someone led me over.

Presiding Judge: Someone led you over. What place was that?

Xu Qinxian: It seems to be some room in the Operations Room… not the Operations Room, a small auxiliary room of the Operations Room.

Presiding Judge: Did you transmit the entire order given to you by the Military Region to Political Commissar Wang Fuyi?

Xu Qinxian: I transmitted everything I remembered.

Presiding Judge: When you transmitted, that is when speaking on the phone, was anyone else present?

Xu Qinxian: It seems no one else. People were coming in and out, seemed quite busy.

Presiding Judge: Don’t remember who was present?

Xu Qinxian: Specifically don’t remember clearly what people, just people coming in and out anyway.

Presiding Judge: After transmitting the order to Political Commissar Wang Fuyi, what else did you say to him?

Xu Qinxian: After transmitting, generally I said: the content of the order is this much. I said you guys study and execute it. I said I have some different views, I’ve told them all to the Military Region chiefs. Or regarding this matter, I don’t want to participate anymore.

Presiding Judge: What else was said?

Xu Qinxian: Roughly that much.

Presiding Judge: Was it said like that?

Xu Qinxian: Yes.

Presiding Judge: Just said you had thoughts and didn’t want to participate. Did you say any other words?

Xu Qinxian: I don’t remember anything else, didn’t say anything.

Presiding Judge: Regarding the issue of executing the Military Commission’s order, did you make any other expression? Any other expression to Wang Fuyi?

Xu Qinxian: Just that I didn’t want to participate anymore.

Presiding Judge: After making the call to Political Commissar Wang Fuyi and transmitting the order, where did you go?

Xu Qinxian: Went to Building 85 to eat dinner.

Presiding Judge: Military Region Building 85 Guesthouse. Who went with you?

Xu Qinxian: It seems to be a Section Chief, possibly surnamed Ma.

Presiding Judge: A Section Chief surnamed Ma. From the Military Region Headquarters?

Xu Qinxian: From the Headquarters, Operations Department I think.

Presiding Judge: Section Chief Ma from the Operations Department, is it Section Chief Ma Jingran?

Xu Qinxian: I don’t know what his name is.

Presiding Judge: After you went to the Military Region Building 85 Guesthouse, arranged to stay where in Building 85?

Xu Qinxian: Can’t remember, a room on the second floor I think.

Presiding Judge: Which end? East or West?

Xu Qinxian: West.

Presiding Judge: After you arrived at Military Region Building 85 Guesthouse, at what time and place did you call Political Commissar Liu Zhenhua of the Military Region again?

Xu Qinxian: Probably around 19:00. Finished eating, I stayed up there a while, thinking about how to handle this matter? I came from the General Hospital. Because regarding this mission, anyway it was all transmitted, the matters were all clear, and speaking from my personal thoughts, I also didn’t really want to participate. After that… The Military Region having me at Building 85, this meaning, I understood at the time, was that: you shouldn’t go back, because the troops are coming very soon. But at this time I still had some knots in my thinking that weren’t untied. Thinking about it, I called Liu Zhenhua. I said Political Commissar, the order has been transmitted, I came from the General Hospital, I said I’m going back to the General Hospital to stay. In the future do not look for me regarding this matter. At the time Political Commissar Liu said a few sentences; one was that originally he might not have known I was hospitalized, and also criticized me a few words, I don’t remember the exact words clearly. I said I understand the chief’s meaning, anyway right now my thinking is obstructed, so I’m returning to the General Hospital.

Presiding Judge: “I have passed the order down. Do not look for me regarding this matter in the future.” Did you say this to Political Commissar Liu?

Xu Qinxian: Said it. Whether these words are too precise… roughly this meaning.

Presiding Judge: Did Political Commissar Liu criticize you?

Xu Qinxian: Criticized.

Presiding Judge: After calling Political Commissar Liu, where did you go?

Xu Qinxian: Returned to the General Hospital.

Presiding Judge: What time did you leave the Military Region No. 85 Guesthouse?

Xu Qinxian: Probably around seven o’clock.

Presiding Judge: Where did you go after leaving the guesthouse?

Xu Qinxian: Returned to the General Hospital.

Presiding Judge: Regarding the issue of executing the Military Commission’s order, did you make any other expressions to the Military Region chiefs afterwards?

Xu Qinxian: Afterwards I didn’t have any direct contact with the Military Region chiefs.

Presiding Judge: That means no other expressions?

Xu Qinxian: Directly, no. If there were any, it was Wang Fuyi reporting to the Military Region chiefs.

Presiding Judge: I’m just asking you, directly to the Military Region chiefs regarding the issue of executing the Military Commission’s order, any other expressions?

Xu Qinxian: Directly, no.

Presiding Judge: Next, read the testimony of Jia Yucun (phonetic), Squad Leader of the Traffic Police Company of the 38th Group Army and Xu Qinxian’s orderly, and the first page of the inventory registration of documents in Xu Qinxian’s briefcase.

(Judge Zhou Xinhua reads) “On May 24, several people entered Commander Xu’s ward saying: ‘Commander Xu has been discharged, pack up his things.’ I packed the things. When picking up the briefcase, I thought, I don’t know these people, nor do I know what they do; other things can be given, but the briefcase is something Commander Xu carries personally, the things inside must be very important, can’t give it to them. So I lied claiming this bag was mine, and I would take it back myself. They didn’t say anything and left it with me. After taking the bag back, because it was chaotic at the time, and I didn’t know who was most appropriate to give the bag to, I locked the bag in a large wooden chest, deciding to take it out when Commander Xu himself asked me for it. Between May 24 and October 10, no one saw this bag, nor looked at the things inside. Recently, Officer Zhu from the Security Division and Director Li from the Political Department successively approached me to talk about the bag; I didn’t understand what was going on, so I didn’t hand it over. Because I am Commander Xu’s orderly, I must be responsible to him personally; handing the bag to him personally is the most appropriate. Today comrades from the special investigation group found me, saying Commander Xu wants the briefcase. I wasn’t at ease, but after careful consideration, I still handed the briefcase to them, because they are from Commander Xu’s special investigation group and sent by the superior organization; I should trust them. The above is my handling of the briefcase. October 10, 1989.”

“Inventory Registration of Documents in Xu Qinxian’s Briefcase, Item 1: I. Record of receiving orders at the Military Region on the afternoon of May 18, ‘89, totaling four pages.”

Presiding Judge: Defendant Xu Qinxian, did you hear clearly the testimony of orderly Jia Yucun and the first page of the document inventory just read?

Xu Qinxian: I heard clearly.

Presiding Judge: Orderly Jia Yucun proves: Your briefcase was taken from your room by him when you left the Military Region General Hospital on May 24, and was subsequently kept by him. On October 10, he handed it to the special investigation group. Upon inventory, inside your briefcase documents was your record of receiving orders at the Military Region on May 18, 1989, four pages. There were many documents in your briefcase; the first item is your record. Defendant Xu Qinxian, do you have any comments on orderly Jia Yucun’s testimony and the document inventory registration?

Xu Qinxian: No. At the time, why my briefcase wasn’t… because when I left, I said I was missing a briefcase. At the time, I didn’t know some of those Military Region staff members. I said I still had a bag I hadn’t taken. He said that bag belongs to the orderly. I said it’s not his, it’s mine. At the time I couldn’t figure out what the Military Region Headquarters meant. So I mentioned this matter. Afterwards, this bag was never in my hands; when I left, I asked for this bag. So I am not clear on the specific circumstances of how it was taken or kept.

Presiding Judge: Do you have any comments on Jia Yucun’s testimony?

Xu Qinxian: No comments, I don’t know about it.

Presiding Judge: Any comments on this inventory registration? Xu Qinxian: No.

Presiding Judge: Does the defender have any comments? Defender: No.

Presiding Judge: Next, read the photocopy of the handwritten notes made by Defendant Xu Qinxian when receiving orders at the Military Region.

(Judge Zhou Xinhua reads) “May 18, ‘89, 16:00. Political Commissar Liu, Deputy Commander Li, Chief of Staff Zou, Minister Xu, Minister Peng convened a meeting. Sanzuomen participants: Vice Chairman Yang, Deputy Secretary-General Liu Kai, and other comrades. Yang mainly said: Students sit-in hunger strike for 6 days, I made concessions, I advance they retreat. ‘April 26 Editorial’, on the 27th slogans changed. I expressed consistency with the Party, proposed the April 26 Editorial was correct. Cancel editorial, recognize democratic movement. Premeditated turmoil, he does not accept. April 26 Editorial cannot be shaken. Go (referring to Gorbachev) came, many things could not be executed according to plan, red carpet not rolled out, very hasty. Leaders walking on concrete was the first time. Go came on the 15th, hunger strike on the 14th, United Front Work Department negotiated with both ends, vacated the place, but later couldn’t be found. That Red Cross charter, treat after fasting more than four days, but later couldn’t find the leaders. But after the memorial service on the 22nd, the goal is to overthrow the Party and government, reorganize the government, NPC Standing Committee, and Military Commission, interfering with the talks. Watching the program, the Soviet guest understood. A reporter asked about the view on Tiananmen students, Go thought every country has them; Red Square doesn’t have them now, might have them later. Yesterday millions on the Square and Chang’an Avenue, think of ways to quell.

Two plans: One plan to retreat again, answer student demands, now want to investigate the April 26 Editorial, investigate who wrote it, recognize autonomous organizations, comrades doing the work are very passive. Now spreading outside Beijing; Taiyuan having disturbances, Xi’an has them, various places also coming to support. Continuing to disturb like this, like the Cultural Revolution. At that time people listened when Mao and Zhou spoke; now no one listens. Second plan, maintain the second position, discover the editorial—April 26 statement—is correct, execute the spirit of the April 26 Editorial. Bad people are directing; US congressmen, foreigners present at the scene. Internal reasons: Our work problem, didn’t oppose pollution and liberalization thoroughly, now many pamphlets about Yaobang appearing, using this to hit the Central Committee. April 26 Editorial, didn’t keep up, later became rigid again. You advance he retreats. Clean up the situation, implement martial law. Premier has power for martial law—does Premier have power including the Capital? Legal experts are debating. According to State Council Order, mobilize a batch of troops to protect main targets, leading organs. Not purely maintaining order. Three to five divisions, mobilize 50,000. 38th [Corps] 15,000; 65th [Corps] 10,000; 63rd [Corps] 10,000; 27th [Corps] 10,000; Garrison 6,000. Must carry weapons; officers carry pistols; troops submachine guns, machine guns, ammo. Do some training. Strive not to open fire, not to kill people. Who is behind is unclear. Capital security must rely on Beijing Military Region.

Li: 1. Armored vehicles 300, not fewer than 200; bullets, rifles, submachine guns, pistols 50 [rounds?], remainder one base number. Carry by company unit. New recruits do not participate, those prone to problems do not participate. Organize remaining personnel well. 2. Organize movement and assembly well. East of Wukesong, Military Museum, Tong[zhou], Artillery, Armored, Police 1st Division, Changxindian 24th Regiment. In two batches: First batch 20th tomorrow night 0:00 enter Triangle Communications Department stationed at Corps Headquarters; 3. Uniform: Bring mugs, new style uniforms, backpacks, leather shoes, cooking vehicles. 4. Organize living well, but cannot consume houses in advance; if houses unavailable, live in tents, find Logistics to solve. 5. Organize management well, do not violate policy, no accidents. 7 [sic]. Secrecy; what shouldn’t be told to soldiers, don’t tell; how long the duration, don’t tell. Command inside the courtyard, [?] send group.

Zou: 1. Light weapons, one per person for those executing; 2. Report numbers for tents; 3. Get communications through.

Xu: 1. Cooked food two meals; 2. Cooking vehicles; 3. Add vegetable delivery; 4. Self hygiene support.”

Presiding Judge: Below is the initial record draft, let Defendant Xu Qinxian identify it. Look at it, is it your record?

Xu Qinxian: Yes.

Presiding Judge: Let the defender take a look. Defendant Xu Qinxian, are the draft just read and the initial record draft the record you made when receiving orders at the Military Region?

Xu Qinxian: Yes.

Presiding Judge: The first part of this record draft, mainly talking about students sit-in, hunger strike, this first part, who said this first part?

Xu Qinxian: Political Commissar Liu said it.

Presiding Judge: Second part, Li, whom does this refer to?

Xu Qinxian: Deputy Commander Li Laizhu.

Presiding Judge: Third part, Zou, refers to? Xu Qinxian: Chief of Staff Zou Yuqi.

Presiding Judge: Fourth part, Xu, is who? Xu Qinxian: Minister Xu Xiaowu.

Presiding Judge: I asked you before, regarding whether Political Commissar Liu spoke about which troops to mobilize to Beijing to execute the mission, you didn’t remember. In the record above, Political Commissar Liu spoke about mobilizing 50,000 people; 38th Corps 15,000; how many for 65th, how many for 63rd, how many for Garrison, Political Commissar Liu said it. In the record.

Xu Qinxian: Did Political Commissar Liu say it?

Presiding Judge: Didn’t you just read it out? Xu Qinxian: I didn’t look closely.

Presiding Judge: Armored vehicles 300 not fewer than 200; bullets, rifles, submachine guns, pistols 50, this was said by Deputy Commander Li; your record is like this. In the second issue Deputy Commander Li spoke about, organizing movement and assembly well, inside here “First batch 20 tomorrow night 0:00 enter Triangle, Communications Department stationed at Corps Headquarters,” what is the meaning of this sentence?

Xu Qinxian: 20 is the 20th.

Presiding Judge: What about tomorrow night? The order was transmitted on the 18th. Xu Qinxian: The night of the 19th, I suppose.

Presiding Judge: What about 0:00?

Xu Qinxian: 0:00 I suppose. That is 0:00 on the 20th.

Presiding Judge: Enter Triangle at 0:00 on the 20th, what does it mean?

Xu Qinxian: Army Command Post.

Presiding Judge: Enter Command Post, Communications Department stationed at Corps Headquarters. Then can it be said like this: ordering the 38th Group Army to enter the Command Post at 0:00 on the 20th.

Xu Qinxian: I don’t remember this clearly.

Presiding Judge: Don’t say you don’t remember clearly; just the meaning of your record, should it be said like this? Should use the record to speak.

Xu Qinxian: Looking at the record now, there can be two meanings. Now rely on memory from the time. One is 0:00 means the troops start moving, start acting on the 20th. One is entering at 0:00, that means moving on the 19th.

Presiding Judge: Enter at 0:00 right, this is entering at 0:00 on the 20th; you can’t say leaving only on the 20th. You also recorded “enter” later, entering Command Post at 0:00, right?

Xu Qinxian: This record is not too accurate. Anyway, both meanings are possible. Then look at how it was specifically said at the time; the meaning at the time was definitely very clear.

Presiding Judge: Next, read the Beijing Military Region Political Department Security Division (Bao Zheng Zi No. 01) Identification Conclusion.

(Judge Zhou Xinhua reads) “Bao Zheng Zi No. 01 Identification Conclusion. Comrade Jiang Jiguang of the Beijing Military Region Military Procuratorate delivered on January 4, 1990, a four-page meeting record dated 16:00, May 18, 1989, and thirteen pages of confession materials handwritten by Xu Qinxian, requesting identification of whether the meeting record was written by Xu Qinxian. Examining the meeting record: handwriting speed is relatively fast, fluent and natural, no disguise, level is relatively high, handwriting characteristics are stable. Comparing with Xu Qinxian’s handwriting, the two reflect consistency in writing level, character formation, pen movement, arrangement, and proportions. Conclusion: The meeting record of 16:00 on May 18, 1989, was handwritten by Xu Qinxian.

Identifier: Li Xianjin; Reviewer: Zhong Shudong

January 5, 1990”

Presiding Judge: Defendant Xu Qinxian, did you hear clearly the identification conclusion just read? Xu Qinxian: I heard clearly.

Presiding Judge: Regarding the record draft just read, identified by Defendant Xu Qinxian and technically identified, it was handwritten by Defendant Xu Qinxian. This record draft recorded the time Defendant Xu Qinxian received the order at the Military Region, the participants, the situation of the order issuance, and the basic content of the order. Military Commission instruction: Mobilize the 38th Group Army to Beijing to execute martial law tasks, bring armored vehicles and various weapons and ammunition, and enter the designated area east of Wukesong, Beijing at 0:00 on the 20th. Defendant Xu Qinxian, do you have any comments on the record of you receiving orders at the Military Region just read, and the read identification conclusion from the Military Region Security Division?

Xu Qinxian: No.

Presiding Judge: Does the defender have any comments? Defender: No.

Presiding Judge: Next, read the testimony of Beijing Military Region Political Commissar Liu Zhenhua.

(Judge Feng Zhaoshan reads) “Situation of Xu Qinxian refusing to execute the Central Military Commission’s martial law task: Around 15:50 on the afternoon of May 18, 1989, the Military Region summoned Comrade Xu Qinxian, who was hospitalized at the General Hospital, to the conference room on the third floor of the Military Region office building to convey the Military Commission’s order regarding mobilizing troops to Beijing to execute martial law tasks. Present at the time were myself, Deputy Commander Li Laizhu, Chief of Staff Zou Yuqi, Deputy Chief of General Staff [sic - likely Deputy Chief of Staff of MR] Huang Yunqiao, Minister Xu Xiaowu, and others. First, I conveyed Military Commission Vice Chairman Yang Shangkun’s instruction on mobilizing troops into Beijing to execute martial law tasks, emphasizing: Implementing martial law was decided by the Standing Committee of the Central Politburo; the army entering Beijing to execute martial law tasks was approved by Chairman Deng Xiaoping and decided by the Central Military Commission. I also spoke about the necessity and importance of executing martial law tasks. Afterward, Deputy Commander Li Laizhu put forward specific deployments and requirements for the 38th Group Army entering Beijing to execute martial law tasks.

After we finished speaking, Comrade Xu Qinxian said: ‘I have an opinion, please reflect it upwards. For such a major event as mobilizing the military, the National People’s Congress Standing Committee and the full meeting of the State Council should discuss it. Is doing this really right? Such an order ought to be issued by the State; issuing it in the name of the Party is inappropriate. For such a big matter, why not issue a written order? Is it right for troops to bring weapons and drive armored vehicles into the city? Such an action must withstand the test of history. A matter might not be seen clearly in a short time, but history can prove it. Executing this mission can lead to merit, or it can also make one a sinner in history. Carrying weapons to execute such a mission, I cannot execute it. You can replace me. The Central Military Commission can appoint me as Corps Commander, and it can also revoke me as this Corps Commander.’”

Regarding the serious erroneous attitude of Comrade Xu Qinxian, Vice Commander Li and I, along with other leading comrades present, carried out serious criticism and education, and required him to immediately transmit the order to the Army. Finally, led by Chief of Staff Zou Yuqi, he went to the Operations Department to transmit the order to the Army. After he returned to the guest house, he called me again, saying: “I have passed on the order; do not ask me about this matter anymore in the future.” On the phone, I criticized and educated him again, and told him: “From now on, you shouldn’t manage the troops’ affairs either; just go and recuperate properly.” July 15, 1989

Presiding Judge: Defendant Xu Qinxian, listen carefully. Did you hear clearly the testimony of Political Commissar Liu Zhenhua that was just read out?

Xu Qinxian: I heard it clearly.

Presiding Judge: Political Commissar Liu Zhenhua testified: Around 15:50 on May 18, 1989, in the conference room on the third floor of the Military Region Headquarters main building, the Central Military Commission’s order regarding the mobilization of the 38th Group Army to enter Beijing to execute martial law tasks was issued to you. At that time, you indicated you would not execute it, and said that such an order should be issued by the State, and that it was inappropriate to issue it in the name of the Party; that you could not execute such a task involving carrying weapons; that they could replace you, and that the Military Commission could appoint you as Commander, or they could remove you as Commander. Political Commissar Liu immediately subjected you to serious criticism. That evening, at the Building 85 Guest House, you called Political Commissar Liu again, saying, “I have passed the order down. Do not ask me about this matter anymore in the future,” refusing to execute the order for a second time. What comments do you have regarding Political Commissar Liu Zhenhua’s testimony?

Xu Qinxian: Just now, this testimony was read relatively fast. I couldn’t hear parts of it clearly at the time, and I don’t remember some of it very well.

Presiding Judge: Did you hear it clearly? If not, it can be read to you again.

Xu Qinxian: Please read it again.

(Read again)

Presiding Judge: What comments do you have on Political Commissar Liu Zhenhua’s testimony?

Xu Qinxian: Regarding this matter, how should I put it? Did I remember incorrectly and not explain clearly? Or did the Chief not remember clearly? When was this testimony of Political Commissar Liu written?

Judge Feng Zhaoshan: July 15.

Xu Qinxian: There are many inconsistencies with my recollection after the fact. The relatively important inconsistencies… one is regarding the major issue of using the military, and the issue of discussion by the National People’s Congress (NPC) and the State Council. I did not have such a concept in my mind, and indeed did not say such words at the time. At that time, the issue of whether the order was issued by the State Council or not was not touched upon. I said I had a different opinion, which is what I mentioned earlier; I said that for such a large mass political incident, political methods should primarily be used to resolve it. Therefore, I suggested—Political Commissar Liu was correct, it was a suggestion—I suggested that the Politburo of the Central Committee, the State Council, and the Central Military Commission discuss what exactly would be appropriate to do. Also, I said that since the military is integrated into the state system, the NPC could also discuss it. Isn’t there talk of scientific and democratic decision-making? It was to prevent mistakes in this decision. I mentioned the Politburo, State Council, and Central Military Commission primarily from this angle; this is not quite consistent with what Political Commissar Liu noted and recalled. Whether the Chief didn’t hear clearly what I said at the time, or if there was an issue with the Chief’s memory or judgment of my meaning, I cannot say clearly. Additionally, regarding the issue of issuing the order, I absolutely did not say that it should be issued by the State or that it was inappropriate to issue it in the name of the Party; I simply did not say those words. Also, regarding the issue of a written order, I only said towards the end… I said this matter is relatively big, and based on my current memory and this little bit of written notes, if a mistake occurs in the future, I said, it will be hard to investigate. I said it would be best for the Military Region to issue a written order; I did not raise a question askingwhya written order wasn’t issued. I remember the Chief even said that in the past, during combat, we could also issue oral orders first, and written orders were often issued later. I said that is also correct, issuing it later is fine too. As for the question of executing or not executing, and “you find someone else”—these relatively intense words did not occur in that situation at the time. At that time, I was unwilling to transmit [the order]. The Chief said, “You should still transmit it; it’s not good if you don’t transmit it.” There were some, let’s say, interruptions. What I said and what the Chief said… there are consistencies, and there are places where… exactly who remembered wrong or is inaccurate, it is hard to say now. Anyway, there are many things I did not think, nor did I say. There are quite a few such places.

Presiding Judge: In his testimony, Political Commissar Liu stated: “I conveyed Vice Chairman Yang Shangkun of the Military Commission’s instructions regarding mobilizing troops to enter Beijing to execute martial law tasks, emphasizing that the implementation of martial law was decided by the Standing Committee of the Politburo of the Central Committee, and that the troops entering Beijing to execute martial law tasks was approved by Chairman Deng Xiaoping and decided by the Central Military Commission.” He also testified that you said: “Executing this task could lead to becoming a meritorious official, or it could lead to becoming a sinner of history. I cannot execute such a task carrying weapons. You can replace me. The Central Military Commission can appoint me as Commander, and can also remove me as Commander.” He also testified that after you returned to the guest house, you called and said: “I have passed the order down. Do not ask me about this matter anymore in the future.” What comments do you have on these points?

Xu Qinxian: It’s not very consistent.

Presiding Judge: regarding the points I read, what comments do you have?

Xu Qinxian: Not consistent.

Presiding Judge: Where is it inconsistent?

Xu Qinxian: It is inconsistent with what I said and remembered at the time.

Presiding Judge: The first paragraph I read: “Emphasized: Implementing martial law was decided by the Standing Committee of the Politburo, and troops proceeding to execute martial law tasks was approved by Chairman Deng Xiaoping and decided by the Central Military Commission.” Did you understand these words?

Xu Qinxian: Understood.

Presiding Judge: You mentioned earlier that you didn’t know who decided it, that it seemed unclear at the time. At that time, the transmission was clear. The second point is “I cannot execute such a task carrying weapons. You can replace me. Because they can appoint me as Commander, they can also remove me as Commander.” That is, what was your attitude towards executing this order from the Military Commission? “I cannot execute, you replace me. Because they can appoint me Commander, they can also remove me from office.” This was your attitude towards executing the Military Commission’s order at that time. What you said earlier seems to have this meaning; the meaning is very clear, the testimony proves this meaning. The third point is that after you returned to the Building 85 Guest House, you called Political Commissar Liu again saying “I have passed the order down, do not ask me about this matter anymore in the future,” which means you refused to execute the order once again. Are these three points clear to you? Do you have anything else to say? Regarding Political Commissar Liu’s testimony.

Xu Qinxian: Not consistent. Because regarding the important meanings the Chief spoke of, I wrote down everything I could at the time. These meanings the Chief supplemented, these meanings in the testimony… I don’t remember them being spoken that way at the time. If I had spoken such important words, I would have written them all down, but I didn’t say them. However, that the task was from the superiors, from the Military Commission, this was clear in my mind. But regarding how some words were said at the time… whatever could be noted, even if just two characters, I generally noted down. What wasn’t noted, likely wasn’t fully said at the time. Additionally, regarding the second meaning, it wasn’t spoken that way; there are discrepancies, the difference is relatively large.

Presiding Judge: Anything else?

Xu Qinxian: No more. Anyway, this section is a bit inconsistent.

Presiding Judge: Does the Defender have any comments on Political Commissar Liu’s testimony?

Defender: No.

Presiding Judge: Does the Public Prosecutor have anything to say?

Public Prosecutor: No.

Judge Feng Zhaoshan: Defendant Xu Qinxian, this Political Commissar Liu testified: After ordering the preparation for combat, you did not want to execute such an order. This attitude was also your personal attitude, demonstrating your personal attitude. Do you have any comments on this issue?

Xu Qinxian: My attitude at the time was this: I personally would not participate. The words “execute” or “not execute” never appeared. During the whole meeting and after the meeting, what appeared was the question of participating or not participating.

Judge Feng Zhaoshan: Political Commissar Liu’s testimony proves your attitude towards the Central Military Commission’s order at that time. Do you have any comments? Let’s not talk about specific sentences, but generally speaking, it proves this attitude of yours. Do you have any comments?

Xu Qinxian: It remains my personal attitude. Regarding my personal attitude, I was unwilling to participate.

Presiding Judge: Next, announce the testimony of Beijing Military Region Vice Commander Li Laizhu.

(Read by Judge Feng Zhaoshan) The situation when the Military Region conveyed the martial law task to 38th Group Army Commander Xu Qinxian on May 18: At 15:55 on May 18, 1989, in the conference room on the third floor of the Military Region Office Main Building. Political Commissar Liu Zhenhua conveyed to Xu Qinxian the Central Military Commission’s order regarding mobilizing troops to enter Beijing to execute martial law tasks. I, Chief of Staff Zou Yuqi, Deputy Chief of Staff Huang Yunqiao, Director Xu Xiaowu (phonetic), Director of Operations Peng Cuifeng, Deputy Director Dai Jinsheng (phonetic), and Chief Xu Hounai (phonetic) were present. After Political Commissar Liu Zhenhua finished conveying the Central Military Commission’s order, I raised several specific requirements for the troops entering Beijing to execute martial law tasks, and emphasized: Martial law was discussed and decided by the Standing Committee of the Politburo, and the troops entering Beijing to execute martial law tasks was [ordered] after the Central Military Commission issued the order. Xu Qinxian raised that he had an opinion and asked for it to be reflected upwards, saying that using the army, such a major event, should be discussed by the Standing Committee of the National People’s Congress; it is wrong for a minority to decide, and it does not conform to scientific decision-making and democratic decision-making. “Like the previous two times maintaining order without carrying weapons was okay, but now carrying guns and driving armored vehicles into the city, is that right? I think this should be formally reflected upwards. Such actions must stand the test of history. Executing such a task can lead to merit, but if handled poorly, one will become a sinner of history. I cannot execute a task carrying weapons. I cannot execute this order. The Central Military Commission can ask me to be Commander, and can also remove me from office! I cannot execute such an order; please let the leadership find someone else.” During the process of Xu Qinxian saying these words, the Military Region leaders subjected him to serious criticism and education multiple times, ordering him to resolutely and unconditionally execute the order. July 15, 1989

Presiding Judge: Defendant Xu Qinxian, did you hear clearly the testimony of Vice Commander Li Laizhu that was just read?

Xu Qinxian: I heard it clearly.

Presiding Judge: Vice Commander Li Laizhu testified: At 15:55 on May 18, 1989, after Political Commissar Liu and he issued the Central Military Commission’s order and deployment requirements to you, you stated: “Such an order cannot be executed. Please let the leadership find someone else. The Central Military Commission can call on me to be Commander, and can also remove me from office.” The Military Region leadership subjected you to serious criticism and education, ordering you to execute the order unconditionally. What comments do you have on Vice Commander Li Laizhu’s testimony?

Xu Qinxian: Overall, there are some similarities with Political Commissar Liu’s testimony, and there are also places that are not completely consistent. This testimony mentions “decision by a minority”; I did not mention decision by a minority. I just suggested how the decision should be made, as I explained earlier, so I won’t repeat it. I did not speak like that.

Presiding Judge: Does the Defender have any comments?

Defender: No.

Presiding Judge: Next, announce the testimony of Beijing Military Region Chief of Staff Zou Yuqi.

(Read by Judge Zhou Xinhua) Around 4:00 PM on May 18, 1989, in the Standing Committee Conference Room on the third floor of the Military Region Office Main Building, the Military Region assigned the task of entering Beijing to execute martial law to 38th Group Army Commander Xu Qinxian. Attendees included Military Region Political Commissar Liu Zhenhua, Vice Commander Li Laizhu, Deputy Chief of Staff Huang Yunqiao, Logistics Director Xu Xiaowu, Operations Director Peng Cuifeng, Deputy Director Dai Jinsheng (phonetic), and myself. Due to the urgent situation of mobilizing troops to enter Beijing to execute martial law tasks, the Military Region decided to invite Commander Xu, who was hospitalized at the General Hospital, to the Military Region to be assigned the task in person. Political Commissar Liu Zhenhua conveyed Vice Chairman Yang of the Military Commission’s instructions regarding implementing martial law in the capital, and clarified the task of the 38th Group Army to enter Beijing to execute martial law and maintain order in the capital. Xu Qinxian took notes while listening. After the conveyance was finished, Xu Qinxian repeated his notes, and other comrades made some supplements.

Then, Xu Qinxian said: “I have a different opinion. Such a big matter, using so many troops, fully armed coming to Beijing, requires a formal order. The military has been integrated into the state system; a decision should be made by the People’s Congress convening a meeting, and a formal order should be issued by the State Military Commission.” At this time, Political Commissar Liu said: “Commander Zhou and I accepted the task personally; you should fully trust it.” Xu continued: “I believe that. But issuing an order in the name of the Party is inappropriate. It should be formally reflected upwards. I cannot execute this task. It can be issued directly from the Military Region to the Army. The current situation is very clear; Beijing has over ten million people, and so many masses, students, and state agency personnel have all been drawn in. Using a fully armed military, driving armored vehicles to solve this, the consequences are unimaginable. From the fundamental function of the military, we cannot do this either. This is not dealing with aggression. If it were executing a combat mission, that would not be a problem. I know the seriousness of this issue. Since the Military Commission can appoint me as this Commander, it can also remove me as this Commander. Executing this task could make one a meritorious official, or it could make one a sinner. Regarding these issues, it may not be very clear right now. But history will make a conclusion.” After Xu Qinxian finished speaking, Political Commissar Liu seriously criticized his attitude, pointed out his errors, and required him to rapidly transmit the orders of the Military Commission and Military Region to the troops. Subsequently, I took him to the Second Operations Duty Room on the fourth floor. Staff Officer Li Mingtang of the Operations Department connected the secure line to 38th Group Army Political Commissar Wang Fuyi. After Xu Qinxian conveyed the Military Region’s order to Political Commissar Wang, I escorted him to the elevator door, and he went to the Building 85 Guest House. The above is organized based on my recollection; I did not take notes at the time, but this will not deviate from the basic meaning of Xu Qinxian’s speech at the time. July 12, 1989.

Presiding Judge: Defendant Xu Qinxian, did you hear clearly the testimony of Chief of Staff Zou Yuqi that was just read?

Xu Qinxian: I heard it clearly.

Presiding Judge: Chief of Staff Zou Yuqi testified: After Political Commissar Liu issued the Central Military Commission order to you, you said it was inappropriate to issue the order in the name of the Party, and indicated you could not execute this order. You were immediately subjected to serious criticism by Political Commissar Liu, who ordered you to rapidly transmit the Military Commission order to the troops. Subsequently, he took you to the Second Duty Room of the Military Region Operations Department to call 38th Group Army Political Commissar Wang Fuyi. After making the call, you went to the Building 85 Guest House. What comments do you have on Chief of Staff Zou Yuqi’s testimony?

Xu Qinxian: Some places are facts, some places are just inconsistent. There are many words I simply did not say; where was the time to say so many words back then? Words like “issuing in the name of the Party is inappropriate”—these words were not spoken. As for what exactly happened, I cannot say clearly.

Presiding Judge: Anything else?

Xu Qinxian: No.

Presiding Judge: Does the Defender have any comments?

Defender: No.

Presiding Judge: Announce the testimony of Beijing Military Region Logistics Department Director Xu Xiaowu.

(Read by Judge Feng Zhaoshan) Witness Interrogation Record. Time: Afternoon of September 18, 1989. Place: Beijing Military Region Building 85 Guest House. Interrogators: Wu Xuebao, Jiang Jiguang. Recorder: Yu Xinhua. Witness: Xu Xiaowu, Director of the Beijing Military Region Logistics Department.

Q: Please talk about the situation on the afternoon of May 18 when the Military Region Standing Committee conveyed the Central Military Commission’s order regarding mobilizing the 38th Army to enter [Beijing] to execute martial law tasks to Xu Qinxian.

A: The Military Region Standing Committee meeting on the afternoon of May 18 started at 3 o’clock. At the beginning, Commander Zhou Yibing conveyed the Military Commission’s order. Afterward, Commander Zhou went to Sanzuomen for a meeting. Other Standing Committee members conveyed the Military Commission’s order to major units. First, it was conveyed and assigned to the Beijing Garrison Command. Next, it was conveyed to 38th Army Commander Xu Qinxian. The time was around 4 o’clock. Attendees included Political Commissar Liu Zhenhua, Vice Commander Li Laizhu, Chief of Staff Zou Yuqi, Deputy Chief of Staff Huang Yunqiao, Peng Cuifeng, Dai Jinsheng, Xu Jinhe, and myself.

At the start, Political Commissar Liu first spoke about the Military Commission’s order regarding mobilizing troops to execute martial law tasks; then Vice Commander Li assigned the tasks for the 38th Army; Chief of Staff Zou also interjected some words. Afterward, Political Commissar Liu asked him if he had heard clearly. Xu Qinxian said with agitation: “I have an opinion, Commissar! Such a big matter, decided so rashly, decided by a minority. Such a big matter should be discussed and decided by the NPC and the State Council. Facing such a complex situation, this task cannot be executed; you find someone else. The Military Commission has the power to appoint me as Commander, and also has the power to remove my command.” Speaking to this point, Political Commissar Liu criticized him, saying, “How can you act like this? You must maintain consistency with the Central Committee, keep a cool head, and do not make mistakes.” Because I was anxious to return to Logistics to arrange matters regarding logistics during martial law, I said a word to Vice Commander Li and returned to the Logistics Department. I am unclear about the subsequent situation. My impression at the time was that Xu Qinxian disobeyed orders, repeatedly saying that facing so many people and such a complex situation, “I cannot execute this task, let the leadership find someone else.”

Q: Did Xu Qinxian say these words in one breath? Or did he interject them?

A: Basically, Xu Qinxian spoke them in one breath; others did not interrupt him. That Xu Qinxian refused to execute the Central order on the spot is undeniable.

September 18, 1989

Presiding Judge: Defendant Xu Qinxian, did you hear clearly the testimony of Director Xu Xiaowu that was just read?

Xu Qinxian: I heard it clearly.

Presiding Judge: Director Xu Xiaowu testified: On the afternoon of May 18, 1989, at the Military Region Standing Committee meeting, after Commander Zhou Yibing conveyed the Military Commission order, Commander Zhou went to Sanzuomen for a meeting. At 4:00 PM, the Military Region issued the Military Commission order to you, and you refused to execute it on the spot. What comments do you have on Director Xu Xiaowu’s testimony?

Xu Qinxian: It’s about the same as the previous Chiefs; some places are inconsistent.

Presiding Judge: Does the Defender have any comments?

Defender: No.

Presiding Judge: Next, announce the testimony of Beijing Military Region Headquarters Deputy Chief of Staff Huang Yunqiao.

(Read by Judge Zhou Xinhua) At 3:55 PM on May 18, 1989, the Military Region Chiefs issued the martial law task to 38th Group Army Commander Xu Qinxian in the Main Building 3rd Floor conference room. Present were Political Commissar Liu Zhenhua, Vice Commander Li Laizhu, Chief of Staff Zou Yuqi, Logistics Director Xu Xiaowu, Operations Director Peng Cuifeng, Deputy Director Dai Jinsheng, and myself. After Political Commissar Liu Zhenhua conveyed Vice Chairman Yang of the Military Commission’s instructions and issued the task for the 38th Group Army to undertake martial law and maintain order in the capital, Xu Qinxian said: “I have an opinion, please reflect it upwards: Using the military, such a major event, I suggest be discussed by the Standing Committee of the National People’s Congress and the plenary session of the State Council; is doing this right or wrong after all? Such an order should be issued by the State; it is inappropriate to issue it in the name of the Party. The population of Beijing is over ten million, and so many people are currently involved, so many students and state agency staff. Troops carrying weapons and driving armored vehicles into the city—is that right? It should be formally reflected to the superiors. Such an action must stand the test of history. An event might not be seen clearly in a short time, but history can prove it. Executing such a task can lead to merit, or it can lead to becoming a sinner of history. Carrying weapons to execute such a task, I cannot execute it. The Central Military Commission can appoint me as Commander, and can also remove my position. I can resign.”

Political Commissar Liu immediately seriously criticized Xu Qinxian’s erroneous remarks, instructing him to first accept the task and transmit/deploy it downwards, and clearly pointed out that this task was handed down by Vice Chairman Yang and approved by Chairman Deng. Afterward, because I had business, I went out for a moment, so I am unclear about the subsequent situation. This is organized based on my notes and recollection at the time. Essentially these are the circumstances; there will not be major deviations. July 17, 1989.

Presiding Judge: Defendant Xu Qinxian, did you hear clearly the testimony of Deputy Chief of Staff Huang Yunqiao that was just read?

Xu Qinxian: I heard it clearly.

Presiding Judge: Deputy Chief of Staff Huang Yunqiao testified: When Political Commissar Liu issued the order to you, he was present. You said that such an order should be issued by the State and that issuing it in the name of the Party was inappropriate. You indicated you could not execute it. Political Commissar Liu carried out serious criticism of your conduct of not executing the order. He took notes on these circumstances at the time. What comments do you have on Deputy Chief of Staff Huang Yunqiao’s testimony?

Xu Qinxian: Not completely consistent. Some meanings are correct, some meanings are incorrect.

Presiding Judge: Which places are inconsistent?

Xu Qinxian: Things like issuing in the name of the State, or the Standing Committee of the NPC studying and deciding—these words were not spoken that way.

Presiding Judge: Anything else?

Xu Qinxian: No.

Presiding Judge: Does the Defender have any comments?

Defender: No.

Presiding Judge: Next, announce the two testimonies of Beijing Military Region Headquarters Operations Department Director Peng Cuifeng.

(Read by Judge Zhou Xinhua) Investigation Record, January 5, 1990. Place: Operations Department Conference Room. Investigators: Jiang Jichu, Jiang Jiguang; Person Investigated: Peng Cuifeng.

Q: Director Peng, please talk about the situation regarding Military Region Commander Zhou and Political Commissar Liu conveying the Military Commission’s order to mobilize our region’s troops to execute martial law tasks.

A: On the morning of May 18, 1989, Commander Zhou and Political Commissar Liu went to Sanzuomen to attend an emergency meeting convened by the Military Commission. At the time, only the two Chiefs went; they did not take other staff.

Q: After Commander Zhou and Political Commissar Liu returned from the meeting, how did they convey the Military Commission order?

A: After the Commander and Political Commissar returned, at 2:07 PM that afternoon, they convened the Chiefs who were present at home in the Chiefs’ Conference Room on the third floor of the main building for transmission. Attendees included Vice Commander Li Laizhu, Chief of Staff Zou Yuqi, Deputy Chief of Staff Huang Yunqiao, Logistics Department Director Xu Xiaowu, etc. I also attended.

Q: Please explain the specific content of the Military Commission order conveyed by the two Chiefs.

A: I have a record. Political Commissar Liu first conveyed the spirit of the Military Commission’s emergency meeting. He said the “Students’ Autonomous Federation” forced the Central Committee to recognize them as reasonable, patriotic, and spontaneous. Some of their slogans we accepted, but that wasn’t enough; they forced us to admit the April 26 Editorial was wrong, and to recognize the Students’ Autonomous Federation and the Workers’ Autonomous Federation as legal. When Gorbachev came to visit China this time, we prepared to clear the square. They then went on a hunger strike. We talked to them several times with no effect. The night before last, the Red Cross intervened; according to international practice, those on hunger strike for more than 4 days could be taken to the hospital for treatment, and they signed for this at the time. But when the Red Cross went to pick people up, they couldn’t find anyone. They don’t want democracy; they want to overthrow the Communist Party, targeting Comrades Xiaoping and Li Peng first; they proposed that everyone over 70 step down. This was a great hindrance to Gorbachev’s visit to China. Someone asked Gorbachev his thoughts. Gorbachev said every country has this, and Moscow might have it in the future. Now the social order is chaotic. We are afraid of people dying, and have talked and negotiated with them many times, but they accept none of it. Yesterday over a million people marched. This situation cannot continue:

First, adapting to student demands means retreating. If we retreat, they will still make trouble, and ask who instructed the writing of the April 26 Editorial? They want to investigate the person who came up with the idea for the editorial and recognize them as legal. If we retreat, we will be even more passive. Continuing like this is actually a second Cultural Revolution coming. Now no one’s words count or are listened to. This plan won’t work. Second, we must adopt coercive measures and publicly state that the April 26 Editorial is correct. The activities of the “Students’ Autonomous Federation” definitely have someone commanding them; foreigners frequently appear in the square. It’s still that stuff about spiritual pollution and liberalization. Some cadres within the Party cannot come to terms with the change regarding Hu Yaobang. During this period, the April 26 Editorial wasn’t upheld. Now it seems only martial law will work. Chairman Deng has approved the mobilization of troops; martial law will be announced after the troops arrive. The troops are mainly to guard key points: radio stations, television stations, the Great Hall. Troops executing the martial law order must come carrying weapons. Mobilize 50,000 troops. New recruits shouldn’t come; those unsuitable shouldn’t come. We must strive not to open fire and not to have people die. Prepare for a longer time, at least three to five months. It doesn’t matter if some resist, because they are not patriotic; they want to seize power. The military must have a deterrent effect. Create a deployment plan. Armored personnel carriers and tanks can also be driven in. Arrange stationing, logistics, political work, and other guarantees well.

After Political Commissar Liu finished speaking, Commander Zhou continued: Political Commissar Liu has spoken very detailedly. What lies before us is not retreat; we have already retreated to the end. They are not bargaining in the ordinary sense now, so we must be tough. The Central Committee decided to implement martial law in the capital, Beijing. If not, it will endanger the interests of the Party and the State. Therefore, martial law is required, striving to announce it early. Armed Police, Public Security, and the PLA will jointly undertake it. According to Chairman Deng Xiaoping’s decision, the Military Commission is mobilizing 50,000 troops from the Beijing Military Region. The 38th Army will provide 15,000; the 65th Army 10,000; the 63rd Army 10,000; the 27th Army 10,000; the Beijing Garrison Guard 3rd Division 5,000; Guard 1st Division prepare 1,000 for maneuvering. The 24th Army and Military Region direct units prepare first, temporarily do not move. Specific tasks await Li Peng and Qiao Shi to determine the entry time and sequence. Require speed; complete entry before the early morning of the 21st. This way the martial law order can be announced on the morning of the 21st. No matter what, maintain secrecy well. Troops carry light weapons, pistols, submachine guns, a minority of light machine guns, and ammunition: 50 rounds for submachine guns, one basic load for light machine guns, carried in boxes by company units, distributed when the time comes. Prepare 200-300 armored vehicles, mainly placed in the suburbs, to execute duty tasks depending on the situation. For attire: wear steel helmets, leather shoes, summer uniforms, carry backpacks, toiletries, and bring all field kitchens. Troops are all transported by trucks. Troops will occupy some buildings first, then pitch tents later. Command issue: Base at Western Hills; open a command group in the city according to needs. Must quickly convey deployment tasks to each unit. The content conveyed by the two Chiefs was basically this.

Q: Was mobilizing the 38th Group Army to enter Beijing to execute martial law tasks decided by the Military Commission or the Military Region?

A: It was the Military Commission that decided to mobilize the 38th Group Army to enter Beijing to execute martial law tasks. Because the situation was urgent at the time, Chiefs Zhou and Liu accepted the task in person; there was no written order.

September 16, 1989 Interrogation Record. Interrogators: Wu Xuebo, Jiang Jiguang. Person Interrogated: Peng Cuifeng.

Q: Please talk about the situation on the afternoon of May 18 this year when the Military Region Chiefs conveyed the Central Military Commission’s order regarding mobilizing the 38th Army to execute tasks to Xu Qinxian. According to legal regulations, you must testify truthfully, otherwise, you will bear legal responsibility.

A: After the Military Commission issued the order, the Military Region Standing Committee conveyed it to each Group Army on the afternoon of May 18. We originally didn’t know Xu was hospitalized and notified the 38th Army to accept the task. 38th Army Deputy Chief of Staff Tang said Xu was hospitalized in Beijing. He asked if Political Commissar Wang could come. I asked Vice Commander Li for instructions. Vice Commander Li said it was best for Commander Xu to come. So I called the Military Region General Hospital to send a car for Xu to come to the Military Region to accept the task. He arrived around 15:50. Those present included Liu Zhenhua, Li Laizhu, Zou Yuqi, Huang Yunqiao, myself, Dai Jinsheng, Director Xu of the Logistics Department, and Division Chief Xu Henan of my department. Initially, Political Commissar Liu conveyed the Military Commission order. At this time, I went out once, returned shortly, going in and out several times. Political Commissar Liu said the Military Commission held a meeting in the morning, conveying Chairman Deng’s instructions to take decisive measures and mobilize 5 Group Armies to come to Beijing quickly to implement martial law. The 38th Army is to dispatch 15,000 troops.

Before Political Commissar Liu had finished talking, Xu Qinxian interjected: “Commissar, I have an opinion. Such a big matter cannot be decided by the Military Commission; it should be discussed by the NPC or the State Council plenary.” Political Commissar Liu said: “Old Xu, this is Chairman Deng’s decision, personally conveyed by Vice Chairman Yang, do you still not believe it?” At this time, Political Commissar Liu’s attitude was very serious. Liu said these few sentences, and Xu fell silent. Political Commissar Liu continued to convey the Military Commission order, spending a significant amount of time talking about the situation. Xu Qinxian interjected again, saying: “Like the previous two times without guns was okay, but if the troops are fully armed and also bring armored vehicles, I cannot understand it.” Political Commissar Liu said: “Old Xu, don’t be like this, please listen to me finish.” Political Commissar Liu then spoke about the 38th Army’s tasks, garrison areas, and other specific matters. At this point, I went out again to receive Garrison Vice Commander He Shangkun. During this period, Vice Commander Li mainly gave specific deployment instructions to Xu Qinxian. When I returned, Chief of Staff Zou was speaking about the specific requirements for executing the task, saying: “Old Xu, you must execute the Military Commission’s order. Is there anything else unclear?” Xu said everything was clear. At this time, I reported to the Chief: Garrison Vice Commander He has arrived. Staff Officer Zou said: “Let’s do this. Garrison Vice Commander He is here; I will take you to call the 38th Army to convey the task.” I was not present during the call; Chief of Staff Zou led him there. After the call, Xu Qinxian took a car to Building 85.

Presiding Judge: Defendant Xu Qinxian, did you hear clearly the two testimonies of Director Peng Cuifeng that were just read?

Xu Qinxian: I heard them clearly.

Presiding Judge: Director Peng Cuifeng testified: Implementing martial law in parts of Beijing was decided by the Party Central Committee, and mobilizing the 38th Group Army to enter Beijing to execute martial law tasks was an order of the Central Military Commission. After the Military Region issued the Military Commission order to you, you refused to execute it. What comments do you have on Director Peng Cuifeng’s testimony?

Xu Qinxian: There are still some problems with the plot. In the middle, when the Chiefs were speaking, I did not interject at all. I waited until they finished speaking completely, I asked my questions, and only at the very end did I state my opinion. During the process of stating my opinion, there was some dialogue between us. I spoke a bit, the Chief spoke a bit. When the Chief Political Commissar Liu was speaking, when Vice Commander Li was speaking, and when Chief of Staff Zou was speaking, I absolutely did not interject. So there are some problems with those details of his.

Presiding Judge: Does the Defender have any comments?

Defender: No.

Presiding Judge: Announce the testimony of Beijing Military Region Operations Department Deputy Director Dai Jinsheng.

(Read by Judge Feng Zhaoshan) Witness Interrogation Record. Afternoon of September 20, 1989. Place: Beijing Military Region Headquarters Main Building Room 351.

Interrogator: Wu Xiaobo. Recorder: Jiang Jiguang. Person Interrogated: Dai Jinsheng (Deputy Director of Military Region Operations Department).

Q: Today we are looking for you to talk about the relevant situation regarding Xu Qinxian.

A: It has been a long time; some circumstances do not leave a deep impression anymore. Xu was hospitalized at the General Hospital at the time. I called Xu and told him to arrive at the Military Region around 3 PM. Xu said he had no car. I told him to ask the hospital to dispatch a car. I also called Zhang Jinzhu to have a car dispatched for Xu. Later, Xu still came in his own car. After Xu arrived, Political Commissar Liu and Vice Commander Li conveyed the order. Xu didn’t speak at the beginning. After listening to the order, his mood was relatively heavy, and he said: “I have an opinion.” Then he said, “Such a big matter should be promulgated by the State Council and the National People’s Congress. Now carrying weapons and driving armored vehicles, with so many people in Beijing pouring in, is it right after all? It must withstand the test of history. We cannot explain it clearly for the moment; I cannot execute this task.” He also said the Military Commission could appoint him as Commander and could also remove him; he could resign. After Xu said these words, Political Commissar Liu and the leaders present were stunned for dozens of seconds and didn’t speak; they didn’t expect Xu would say these words. Political Commissar Liu stated: “This is the Military Commission’s order. Conveyed by Vice Chairman Yang, approved by Chairman Deng.” After the Chiefs worked on him, I remember Xu later said, “I can transmit it, but I will not participate in the execution; I still need to be hospitalized.” At this time, Chief of Staff Zou said: “Old Dai, take Commander Xu to make a phone call.” I connected the 38th Army’s phone in the Operations Department Second Duty Room, let Xu into the room to call the 38th Army, and I came out. Chief of Staff Zou went over with me at the time.

Q: Did Xu Qinxian have notes?

A: Xu had notes.

Q: Were they written in a notebook or on paper?

A: My impression is it was two sheets of paper. I remember Xu mainly said those few sentences, and said them over and over. From his appearance, his spirits were low, and he couldn’t come to terms with it.

Q: After the call, where did he go?

A: I remember a staff officer was asked to accompany him to Building 85. I can’t remember clearly who it was.

Q: Anything else?

A: I didn’t hear what he said in the call to Political Commissar Wang at the Army. We all felt very sudden about Xu’s words. Now my deepest impression is: After Xu spoke those words, the room was quiet for a long time, and the two Chiefs were also stunned. After a pause, Political Commissar Liu spoke.

September 20, 1989

Presiding Judge: Defendant Xu Qinxian, did you hear clearly the testimony of Deputy Director Dai Jinsheng that was just read?

Xu Qinxian: I heard it clearly.

Presiding Judge: Deputy Director Dai Jinsheng testified: On May 18, 1989, he called to notify you to come to the Military Region to accept the task. After the Military Region Chiefs issued the Military Commission order, you refused to execute it on the spot. Later he took you to the Military Region Operations Department Second Duty Room to call the 38th Group Army to convey the Military Commission order. What comments do you have on Deputy Director Dai Jinsheng’s testimony?

Xu Qinxian: I don’t remember some details too clearly. I don’t remember him taking me; of course, it’s possible he took me to make the call. Also, at the General Hospital, it wasn’t him who called me; I received a call from Tang Minghong. But in the middle, I called the Military Region Operations Department asking him to find a car. Was that the time I asked him for a car? This is inconsequential. It wasn’t him notifying me to go to the meeting; it was the Army [Headquarters] notifying me to go to the meeting.

Presiding Judge: Does the Defender have any comments?

Defender: No.

Presiding Judge: Announce the testimony of 38th Group Army Political Commissar Wang Fuyi.

(Read by Judge Zhou Xinhua) Shortly after 5 PM on May 18, after I received the preliminary warning order to enter Beijing to execute martial law tasks conveyed by Director Peng of the Military Region Operations Department, Xu Qinxian called me from the Military Region. He conveyed Vice Chairman Yang’s instructions and the Military Region’s order. After conveying them, he said: “I do not agree with this method. I cannot execute this order. I cannot command anymore. As for who commands, you decide.” I immediately notified the convening of the Army Standing Committee, conveyed the instructions and orders of the Military Commission and Military Region verbatim, and spoke of Xu Qinxian’s attitude toward executing this task. Everyone discussed Xu’s issue and determined that we must work on him and must make him execute the order and participate in this major military operation. After the meeting, I called Xu and conveyed the Army Standing Committee’s attitude, explicitly telling him: “You personally have an opinion, you can submit it to the superiors, but you must execute the order. This is absolutely not a personal issue, but a major matter concerning the overall situation; it will affect the collective of the 38th Army. You indeed are ill and it is difficult to participate in all activities, but you should participate in the major activities; we will do the specific work.” He said: “I thank the Army Standing Committee, but I do not agree with this method and cannot execute this task.” After I repeatedly requested him to participate, his tone and attitude softened somewhat. At more than 1:30 AM on the 19th, after the Army Standing Committee Plenary Session and the Army Party Committee Plenary Session ended, I studied how to handle this problem with Deputy Political Commissar Wu and Deputy Commander Zhang. We all felt that for such a large operation, the impact of the Commander not participating would be too great, and we must continue to work on him to urge him to participate in activities. At the time, it was determined that Deputy Political Commissar Wu would go to the Beijing Military Region General Hospital to talk to him. Around 2 PM on the 19th, Deputy Political Commissar Wu returned and told me: When I talked to him, his attitude was initially bad. After deep conversation, he indicated agreement with the Army Standing Committee’s opinion, but he said, “I have already said those words to the Military Region Chiefs. What if the Military Region doesn’t agree to me going?” Wu said, “If the Military Region doesn’t agree, then forget it. If they agree, then go directly to the Army Command Post after the troops arrive in Beijing.” He also stated three opinions: First, do the mobilization well and explain to everyone that entering Beijing is to maintain the capital’s social order, not to suppress students. Second, guard weapons and ammunition well to prevent loss, theft, or robbery. Third, prevent vehicle accidents; if someone is crushed to death, they will say it was intentional. Because Military Region Political Commissar Liu had already called me on the morning of the 19th instructing us to sever contact with Xu Qinxian, not to visit him, and not to let him come to the troops, I had Deputy Political Commissar Wu call Xu to tell him the meaning of Political Commissar Liu’s instructions in a personal capacity, to prevent him from coming to the troops. July 13, 1989.

Presiding Judge: Defendant Xu Qinxian, did you hear clearly the testimony of Political Commissar Wang Fuyi that was just read?

Xu Qinxian: I heard it clearly.

Presiding Judge: Political Commissar Wang Fuyi testified: Around 5 o’clock on the afternoon of May 18, 1989, you called him, conveyed the Military Commission’s order to mobilize the 38th Group Army to enter Beijing to execute martial law tasks, and indicated on the phone that you would not execute this order. You said: “I do not agree with this method, I cannot execute this order, I cannot command anymore. As for who commands, you decide.” That night he called you representing the Army Party Standing Committee to work on you, and you still indicated you would not execute the order. The next day, the Army sent Deputy Political Commissar Wu Yunzhong (Wu Runzhong) to Beijing to continue working on you. What comments do you have on Political Commissar Wang Fuyi’s testimony?

Xu Qinxian: The majority of the meaning is correct; some words were not spoken that way.

Presiding Judge: Which words?

Xu Qinxian: “I do not agree with this method, I cannot command anymore, you find someone else”—these words seemingly were not said like that at the time. Also in the middle, after Comrade Wu Renzong (Wu Runzhong) went, I also expressed this meaning. I said: mainly, can the Chiefs understand? I’ve already said all that, and now participating again. There is a discrepancy in meaning.

Judge Zhou Xinhua: Then what did you say to Wang Fuyi? Since you say this part of Wang Fuyi’s testimony—that is, after the call saying “I do not agree with this method, cannot execute this task, cannot command anymore. Who commands, you decide”—you say these words are incorrect. What did you say at the time?

Xu Qinxian: I didn’t have time to say more on the phone at that time. After finishing speaking, I said you guys study and execute it. I said I have a bit of an opinion on this matter; I’ve already stated my opinion to the Military Region, I said I don’t quite agree with this method. I primarily asked them to study and execute it. After saying this… “you find someone else”—find who else for this matter? The team is all there, right? These words were not said. The Standing Committee is there; the Standing Committee should study and execute it properly.

Presiding Judge: Does the Defender have any comments?

Defender: Yes, I will ask a question. Xu Qinxian, regarding the testimony of Political Commissar Wang just read, it mentioned the situation of Deputy Political Commissar Wu visiting you at the General Hospital. When Deputy Political Commissar Wu was working on you, did you make any indication? Did you say anything?

Xu Qinxian: His meaning at the time was… because it was following the matter from the previous night. Because the previous night, regarding those words Comrade Wang Fuyi said to me… at first, I said one cannot go back on one’s word; having already spoken, changing again is a bit forced. But the knot of “forced” wasn’t tied dead. The next day after Wu Renzhong went, he said starting from… speaking of the Army’s opinion, your participation would be beneficial to the big picture, beneficial to the overall situation, beneficial to completing the task. I said regarding this matter, I said look, I’ve already spoken to so many Military Commission Chiefs; tossing back and forth like this, I said can the Military Commission Chiefs understand? Finally, he repeatedly told me that participating was still beneficial. In that case, I finally said, then participate like this. Afterwards we agreed, the next day, early morning, I would go directly to the Army Command Post. The process with Wang and Wu was basically roughly like this.

Defender: Meaning that, in the end, you already… (stopped by the Presiding Judge)

Presiding Judge: Defender please pay attention. Do you have any comments on Political Commissar Wang Fuyi’s testimony?

Defender: Okay, I have finished asking.

Presiding Judge: Next, exhibit: The photocopy of the record draft of Political Commissar Wang Fuyi receiving Xu Qinxian’s call. The Defender may view it. Defendant Xu Qinxian, regarding the photocopy of the record draft just shown, there is a line with ink smear traces at the back. Did you see it clearly?

Xu Qinxian: I saw it clearly.

Presiding Judge: Next, announce Political Commissar Wang Fuyi’s explanation regarding the smear traces on the phone record draft.

(Read by Judge Zhou Xinhua) This is the record of the call Military Region Operations Department Director Peng and Xu Qinxian made to me on May 18 this year. The last few characters recorded were said by Xu Qinxian, meaning “I do not agree with this method, I cannot execute this task, cannot command; as for who commands, you decide.” When I handed it to the secretary to organize into the archives, I was afraid at the time that if it leaked out it would be used by bad people in society, and also worried it would affect the morale of the troops, so I blotted it out with an ink pen. July 28, 1989.

Presiding Judge: Defendant Xu Qinxian, did you hear clearly the explanation of Political Commissar Wang Fuyi that was just read?

Xu Qinxian: I heard it clearly.

Presiding Judge: Political Commissar Wang Fuyi testified: The last line blotted out in this phone record draft is the words you spoke indicating non-execution of the order when you called him. What comments do you have on this explanation by Political Commissar Wang Fuyi?

Xu Qinxian: There is a bit of discrepancy. I did not speak as he stated, but the meaning that I would not participate, I told him. I had a different opinion, I also stated that.

Presiding Judge: The smeared part is strictly the words indicating non-execution.

Xu Qinxian: In the middle… words like “execute” and “command” rarely appeared. I generally said… my thought at the time was not participating, so I mostly used “not participate” or “want to participate.”

Presiding Judge: Does the Defender have any comments?

Defender: No.

Presiding Judge: Announce the testimony of 38th Group Army Deputy Political Commissar Wu Runzhong.

(Read by Judge Feng Zhaoshan) Witness Interrogation Record. Time: Morning of September 15, 1989. Place: 38th Group Army Command Post, No. 44 Beichizi, Beijing.

Interrogator: Wu Xuebo. Person Interrogated: 38th Group Army Deputy Political Commissar Wu Runzhong.

Q: Please talk about the situation regarding Xu Qinxian on May 19.

A: On the evening of May 18, Political Commissar Wang convened a Standing Committee meeting, conveyed the Military Commission’s order, and said Xu Qinxian did not understand this task and could not lead the troops to execute the task; regarding who would command, asked the Army to decide. After Political Commissar Wang finished conveying, the Standing Committee members were very angry, cursing Xu, saying Xu must obey the 38th Army, and wanted the Political Commissar to immediately call Xu to make him participate. The Standing Committee meeting wasn’t over yet; Political Commissar Wang went to call but couldn’t find him. The meeting continued, discussing specific deployments. Then Political Commissar Wang called again; we waited in the conference room. Political Commissar Wang finished the call and said Xu hadn’t turned around yet but indicated he could consider it. Everyone said, no, he must participate. At this time, Political Commissar Liu Zhenhua called inquiring: Has the task been conveyed to Xu Qinxian? Has he expressed an attitude? Early in the morning, Political Commissar Wang called Xu again. This was the third call. After finishing the call, Wang told us that Xu indicated he could consider it (participating). Next, Political Commissar Wang Fuyi found me and asked how to handle Xu Qinxian. I said, bring Deputy Commander Zhang. The three of us briefly studied it and agreed that I would represent the Army Standing Committee and go to Beijing to work on Xu. No matter what, we must make him participate; even if we have to drag him, we must drag him out. The next day, the 19th, I arrived in Beijing, reaching the General Hospital near 11 o’clock. I first asked about his illness, then turned to the main topic, speaking of the Standing Committee’s decision. I said the Standing Committee was very angry at your attitude; this is extremely wrong. He said: “Not executing orders is wrong, I understand.” After eating lunch, I said again that my mission in coming was to convey the Army Standing Committee’s decision: you must participate in this operation. He indicated, “Alright then, I can participate. But I have already spoken those words; does the Military Region still trust me?” I said the Military Region didn’t say you couldn’t participate. He said, “Alright then.” I proposed he check out of the hospital and go with me. He said he wouldn’t go back [to Baoding]; he would wait in Beijing. I proposed he go to the Engineering Division to wait for the troops; he said there was no need. I proposed he go to the General Staff Communications Corps Headquarters (the Army’s Forward Command); he said, “Rest assured, I will participate. I know the Forward Command’s phone number; I will find it myself.” Then, he spoke of three points regarding the troops executing the task: First, do the mobilization well, unify thinking, explain the task clearly. Second, weapons and bullets are not to be issued to individuals. Third, organize the troop advance well, guarantee safety. Like this, I returned to Baoding around 4:20 and reported to Political Commissar Wang. Political Commissar Wang said: “It’s over. The Military Region has notified that he is not allowed to participate and to cut his contact with the Army; his participation would be an interference with the troops.” Then Political Commissar Wang asked me to call to notify Xu Qinxian. I called Xu, but was blocked by students and never succeeded in calling. On the morning of the 20th, I was calling Beijing while attending a meeting. Around 10 AM, I got through and conveyed the notification that the Military Region would not let him participate, that he should cure his illness at the Military Region General Hospital and not go to the troops. Xu Qinxian said, “I understand.” September 15, 1989.

Presiding Judge: Defendant Xu Qinxian, did you hear clearly the testimony of Deputy Political Commissar Wu Runzhong that was just read?

Xu Qinxian: I heard it clearly.

Presiding Judge: Deputy Political Commissar Wu Runzhong testified that on May 19, 1989, because you refused to execute the Military Commission order, he was assigned by the Army Party Committee to go to Beijing to work on you. What comments do you have on Deputy Political Commissar Wu Runzhong’s testimony?

Xu Qinxian: It largely conforms. I don’t remember the specific time too clearly. It seemed to be after breakfast. Another thing is about asking me to go to the troops for a bit—I remember this wasn’t said, because given the situation at the time, my health was indeed not good, and I didn’t have a single person by my side; even if he asked me to go, I couldn’t go. So I don’t remember him saying this matter. Anyway, going to the Army Command Post, this is certain; I said I would find a way to find it, I knew to go to the Army Command Post, going tomorrow morning. That’s it.

Presiding Judge: Does the Defender have any comments?

Defender: No.

Presiding Judge: Announce the testimony of 38th Group Army Deputy Commander Liu Peixun.

(Read by Judge Zhou Xinhua) On the afternoon of May 18, Political Commissar Wang asked us to go to the office for a meeting. After 4 PM, Xu called Political Commissar Wang. The time was relatively long. Finally, Political Commissar Wang said on the phone: “Old Xu, you must be prudent, consider seriously.” I felt there was a problem at that moment. Political Commissar Wang subsequently said at the meeting that Xu Qinxian had views on executing the task and did not want to participate. Later, Political Commissar Wang, Deputy Commander Zhang, and Deputy Political Commissar Wu discussed letting Wu go to work on Xu. The next day, we prepared vehicles, weapons, and ammunition according to plan; the troop advance was not subject to any influence. The Army Forward Command arrived in Beijing 3 hours ahead of schedule. The day after we arrived, Director Yang of the General Political Department went and said that Xu not executing the task was criminal behavior, speaking very strictly. August 31, 1989.

Presiding Judge: Defendant Xu Qinxian, did you hear clearly the testimony of Deputy Commander Liu Peixun that was just read?

Xu Qinxian: I heard it clearly.

Presiding Judge: Deputy Commander Liu Peixun testified: On the afternoon of May 18, 1989, Political Commissar Wang Fuyi said at the Army Party Standing Committee meeting that you would not execute the order, and decided that Deputy Political Commissar Wu Runzhong would go to Beijing to work on you. What comments do you have on Liu Peixun’s testimony?

Xu Qinxian: None.

Presiding Judge: Does the Defender have any comments?

Defender: No.

Presiding Judge: Next, announce the testimony of Beijing Military Region Operations Department Division Chief Ma Jingran.

(Read by Judge Feng Zhaoshan) Before dinner on the afternoon of May 18—I cannot remember the specific time—I met Chief of Staff Zou Yuqi at the elevator of the main building. He asked me to escort Xu Qinxian (former Commander of the 38th Army) to Building 85, to leave early and rest. According to the Chief of Staff’s instructions, I escorted him to a room on the south side of the second floor of Building 85. I didn’t pay attention to the specific room number at the time. Afterwards, I had Xu’s driver drive me back to the office building. I am not too clear about the subsequent situation. Ma Jingran, January 9, 1990.

Presiding Judge: Defendant Xu Qinxian, did you hear clearly the testimony of Division Chief Ma Jingran that was just read?

Xu Qinxian: I heard it clearly.

Presiding Judge: Division Chief Ma Jingran testified: Before dinner on May 18, 1989, he escorted you from the Military Region Headquarters main building to the Building 85 Guest House to rest. What comments do you have on Division Chief Ma Jingran’s testimony?

Xu Qinxian: None.

Presiding Judge: Does the Defender have any comments?

Defender: No.

Presiding Judge: Next, announce the testimony of 38th Group Army Headquarters Administration Division Motor Pool Specialist Sergeant and Xu Qinxian’s Driver, Ping Fakui.

(Read by Judge Zhou Xinhua) On the morning of May 18, I drove the Commander’s family members to the General Hospital. At 11 AM, I took the Commander’s family home; Director Fan caught a ride to Fengtai Station. At noon, I ate at the Commander’s home. Around 3 PM, I drove back to the General Hospital, just as the Commander was looking for a car to go to a meeting at the Military Region. The Commander and I agreed to rush to the Military Region main building by 4 PM. The Commander went upstairs for the meeting; I waited in the car. Around 6 PM, I saw the Commander and a comrade from the Military Region Headquarters come out together to accompany us to the Military Region Building 85 Guest House for dinner, and arranged the Commander in Room 213. After the meal, I drove the comrade from the Military Region Headquarters back to the main building. The Commander said: “We will leave after watching the news.” At 7:40, the Commander and I drove back to the General Hospital via Chang’an Avenue. June 2, 1989.

Presiding Judge: Did you hear clearly the testimony of automobile driver Ping Fakui that was just read?

Xu Qinxian: I heard it clearly.

Presiding Judge: Automobile driver Ping Fakui can prove that on the afternoon of May 18, 1989, he drove you to the Military Region for a meeting, took you to Room 213 of the Building 85 Guest House around 6 PM, and took you back to the Military Region General Hospital at 7:40 PM. What comments do you have on automobile driver Ping Fakui’s testimony?

Xu Qinxian: None.

Presiding Judge: Does the Defender have any comments?

Defender: No.

Presiding Judge: Does the Public Prosecutor have any other questions regarding the facts of Defendant Xu Qinxian disobeying the martial law order to directly interrogate the defendant, or to request the court to interrogate?

Public Prosecutor: Xu Qinxian, I ask you two questions. First, on May 18, you indicated to the Military Region leaders that you would not participate in executing the martial law task. Is this a fact?

Xu Qinxian: Yes.

Public Prosecutor: Second, when the order was conveyed, and you did not want to execute this task and said those words, and regarding some words of criticism from the Military Region leaders who participated in conveying the task at the time, do you have records?

Xu Qinxian: No.

Public Prosecutor: So now you repeatedly say the testimonies of several witnesses are inconsistent with what you said at the time. What is the basis? Is it relying on memory?

Xu Qinxian: Relying on what? Relying on memory?

Public Prosecutor: Relying on memory. What basis do you have? You didn’t have records at the time. Now you say the testimonies of several witnesses are inconsistent with what you said at the time. What basis is there?

Xu Qinxian: Some things, after a long time, are not remembered clearly. But some things you thought or didn’t say, and some things you simply never thought of, so it’s impossible to have said them. So now in this testimony, a lot of things appear that I never thought about at all, yet they are in the testimony. As for me personally, I have no way [to prove it]. Because I indeed did not speak that way, did not talk like that.

Public Prosecutor: This is what you believe yourself now, isn’t it?

Xu Qinxian: Yes.

Public Prosecutor: Questions finished.

Presiding Judge: Defender, regarding the facts of Defendant Xu Qinxian disobeying the martial law order, are there any other questions to ask the defendant directly, or request the court to interrogate?

Defender: I will address one issue; Xu Qinxian, before May 18, 1989, had you led troops into Beijing to execute tasks?

Xu Qinxian: I executed tasks before the 18th. It started in April; April 22, April 27, and May 4, three times.

Defender: How was the execution?

Xu Qinxian: There were no problems; the tasks were completed. Regarding the masses surrounding and blocking military vehicles, no major problems occurred.

Defender: Good, I have finished asking.

Presiding Judge: Defendant Xu Qinxian, mobilizing the 38th Group Army to Beijing to execute martial law tasks was an order of the Central Military Commission. After the Military Region issued the Military Commission order to you, as the Commander of the 38th Group Army, why did you not execute it?

Xu Qinxian: Because regarding the task execution on May 18, this task counted as the fourth time; the issuance was the third time. The first was April 22; the second was April 27; after April 27 we didn’t go back, and in the middle, there was another one on May 4. So this time, the issuance was the third issuance. If counting the number of times executing tasks, this should be said to be the fourth time. Prior to this, coming to execute tasks… the first time wasn’t a big problem, because it was sending off the hearse after the memorial service for Hu Yaobang’s passing. The masses watching in the middle were relatively numerous. We ensured the hearse passed unimpeded, working with Public Security, Armed Police, plus the masses to jointly maintain order. The second time was the afternoon of April 27, suddenly and rapidly mobilizing troops into Beijing to execute tasks, maintain order, defend and assist Public Security and Armed Police, and defend important targets.

During the process of executing this task, situations occurred where the masses surrounded and blocked military vehicles, saying they didn’t understand and didn’t support this military action. We did not return that night. We stayed, stayed in Beijing all the way until finishing May 1st and May 4th. When the troops came, they didn’t bring food, because originally it was thought we would complete the task the same day and return the same day. While purchasing food, shops and the masses adopted a non-cooperative attitude: one was not selling; one was asking high prices. In summary, the situation encountered was that the masses were not very supportive of the military, didn’t understand much, and had emotions. Some even spat at the army, saying “You don’t go to the front line to fight, what are you doing here?” Such things happened. Furthermore, during this period, Central leading comrades—of course including public opinion, public opinion goes without saying—but also including Central leading comrades, all gave some important instructions regarding resolving this event. The general idea was that after May 4, this matter wasn’t over, but afterwards, it was to strive to bring it into the track of democracy and rule of law for resolution. Regarding the troops executing tasks the previous few times, no knives were used, no guns were used, there was no bloodshed, no conflict, and the Chiefs were all relatively satisfied. So the expectation existing at the time was still hoping the Center could put in some effort, do a bit more work, and judging from the situation of the work done since the end of April, there were obvious results.

After the parade on April 27, on the 28th and 29th, State Council Spokesman Yuan Mu held a dialogue. The entire social impact was still quite large. During the task execution on May 4, the parade contingent wasn’t that huge, and the people responding and participating weren’t that numerous. Because when I went from the Western Hills, I passed through the streets and looked; under this situation, doing some work could still solve the problem. But I don’t know for what reason, in the period from May 4 all the way to May 18, it seemed work stopped. Of course, now we know there were many complex circumstances in the middle, including Zhao Ziyang supporting the turmoil and splitting the Party. So I felt the work that should be done wasn’t done, or wasn’t done enough, the effort wasn’t fully spent. Now that this matter has become so serious, and we are immediately about to adopt the method of using military force to resolve it, if handled poorly it will cause conflict and cause bloodshed.

So regarding this matter, I myself had an opinion, a view. I still wanted to propose it upwards, wanting to handle this event—such an event appearing since the founding of our nation—as well as possible, to avoid creating a lingering problem in history. My basic thinking was this: hoping this problem could be properly resolved, not leading to conflict, not leading to bloodshed. Because originally Central leading comrades also said preparations in this regard should be made, but we must strive, must try our best to avoid conflict, avoid bloodshed. But taking this action later… based on the situation I saw myself, especially contacting these situations in late April… you come carrying weapons, carrying tanks, armored vehicles, light and heavy machine guns. When the current work has reached such a degree, the masses’ emotions are very high, conflict is inevitable. Once this conflict happens, and you are carrying guns and weapons, bloodshed is inevitable. Moreover, before May 4, because the troops were unarmed, it wouldn’t cause a major bloodshed incident; even with conflict, doing some work, it wouldn’t cause a major bloodshed incident. I felt that this time, coming with weapons and equipment, bloodshed and conflict seemed unavoidable. My mental apprehensions were relatively many; primarily this issue. So in my own mind, I couldn’t come to terms with it, and I myself expressed unwillingness to participate. The root cause is basically here. As for other things, we can talk later. See what other questions I need to answer?

Presiding Judge: The Military Region chiefs issued you the Central Military Commission’s order regarding mobilizing the 38th Army to Beijing to execute martial law tasks. As the Commander of the Group Army, exactly why did you not execute this order? Besides the consideration you just mentioned, are there other reasons? Or what is the fundamental reason?

Xu Qinxian: I didn’t quite understand the meaning of what the Presiding Judge said. Could you please say it again?

Presiding Judge: (Repeats question), answer this question directly.

Xu Qinxian: Because I couldn’t come around to it in my thinking, I felt that as a unit, as a military force, we should execute it; but as an individual, I felt I had many concerns about this issue, so I expressed an unwillingness to participate.

Presiding Judge: That is what you thought at the time?

Xu Qinxian: That was the main thought at the time. I felt, what should be done? As for raising this opinion, I had an opinion, I had a differing opinion. I stated this opinion, but nobody adopted it. Since these opinions weren’t adopted, the result would probably still be the same result, and I had no other way. So, as an individual, I couldn’t accept it mentally; conceptually, I felt that as a unit, as this army led by our Party, we should resolutely execute the task; but as an individual, I didn’t want to participate. I was emotional in my thinking, feeling that handling the problem this way seemed inappropriate.

Moreover, prior to this, many leading comrades had indicated that they were preparing to resolve it within the track of democracy and the legal system. Some talked about going through supervision departments, others through this meeting or that meeting. This matter hadn’t been discussed, or perhaps during the time it was discussed, I was working in the unit or ill, so I didn’t understand, or anyway I didn’t see it, or didn’t see enough of it, and this work had stalled. The result is now, such a big lump has suddenly bulged out [a huge problem has suddenly emerged], and it is to be solved entirely by this method, without time to do the [political] work. Wouldn’t this cause a conflict? Something big is going to happen. It was based on such serious ideological concerns.

Presiding Judge: As a soldier, obeying orders is a bounden duty. In terms of a soldier’s responsibilities, a subordinate should resolutely execute the orders of a superior. As the Commander of a Group Army, if you have an opinion on an order and you raise it, what should be done regarding execution? Do you understand? What should be done? If the superior did not adopt your opinion, what should you do as an Army Commander?

Xu Qinxian: Regarding this question, from the Party Constitution, from the Code [of Conduct], and from our military discipline, all actions should follow command, and one must resolutely obey and execute superior orders! But under the circumstances at the time, the time was also relatively short. Getting so much information in such a short time provoked a mental reaction. Of course, some thoughts existed before this, for example, hoping for how the issue would be resolved, because this event wasn’t over—from mid-April continuously to mid-May, nearly a month, this event wasn’t over—so there were some thoughts. But at this meeting, mentally speaking, I wasn’t that calm.

My focus of consideration was mainly from the angle of the Guiding Principles for Inner-Party Political Life and the Party Constitution. And now we have a dual role: as a Party member and cadre, one must abide by the Party Constitution and the Party’s Guiding Principles for Life, and also obey military discipline, obey orders, and heed commands. But at the time, I thought a bit more about that other side. As the Party Constitution and Guiding Principles for Inner-Party Political Life emphasize, one can raise opinions under the premise of obedience, and can reserve them all the way up to the Central Committee. There is also a place that mentions, that is to say, exceptions are made if execution would produce serious consequences. So at the time, I considered that executing this way would inevitably lead to serious consequences. So this kind of thought was reflected in my mind, which caused me to generate erroneous thoughts and erroneous attitudes, speak some wrong words, and finally, such a result appeared.

Presiding Judge: After the order was issued to you, you said quite a lot. What was your dominant thought at that time?

Xu Qinxian: The dominant thought was that I hoped it would be solved mainly through political means. If political means couldn’t solve it—this isn’t in the intermediate testimony, but actually I mentioned it—move the troops to the Beijing suburbs to maintain deterrence. That is to say, if this matter is currently hard to handle, move the troops to the suburbs, have a powerful military force as a backing, and try again to solve it using political means. If it still can’t be resolved, then after that you take the next step. But now only I have said this; none of the witness testimonies contain this.

Presiding Judge: So, your meaning is that the decision at the time was incorrect, is that what you mean?

Xu Qinxian: I still had doubts about this matter. Is doing this right exactly? Is doing this appropriate? So otherwise, I said the Politburo, the State Council, and the Central Military Commission should discuss it properly. What exactly should be done? How did this come about? Obviously, there were thoughts about this matter, right? Is such a decision appropriate? So I raised the issue of scientific and democratic decision-making. Isn’t scientific and democratic decision-making talked about? So I suggested doing this and that, but this suggestion was superfluous.

Judge Feng Zhaoshan: When you went to the Military Region to accept the task, Commissar Liu Zhenhua had already explained the current situation to you very clearly. That is to say, regarding these questions you were thinking about yourself, the leadership had already explained them to you very clearly. Furthermore, the Central Committee and the Central Military Commission made such a wise decision based on the situation at the time, and the Central Military Commission issued such an order. As you were serving as the Commander of the 38th Group Army at the time, how should you have viewed this issue? Was it still time for an individual to raise opinions? That is, on the question of whether to execute or not, if the situation hadn’t been fully disclosed to you at the time, you could think whatever you wanted. Because the Party Central Committee and the Central Military Commission had already stated the situation very clearly, explained it to you very clearly, and the decision was made, and the order was issued. As the Commander of the 38th Army, what should you have done? Was it time to raise opinions, or was it a question of execution, or a question of doubt, or essentially a question of opposition? You must clarify this question for us in court!

Xu Qinxian: When Commissar Liu was stating the situation and conveying… conveying the situation of the superior’s meeting, he had already said some of the situation. Regarding this situation, it wasn’t that the superiors completely failed to disclose it; the superiors had already explained some of the situation. However, there was some inertia in my own mind. The Military Region reading class ended on May 11th. Before May 11th, this matter was basically over; with a bit more work, it would have ended soon. As a result, after working in the unit for a few days in between, stirring and stirring, it flared up again. Of course, the background of it flaring up was unknown. After it flared up, observing the situation, no strong figure came out to do the work [political persuasion], to come out and give a speech, or publish something further. Of course, now we know, because there was a situation within the Central Committee, it was impossible for anyone to come out and speak again. But looking at the situation at the time, there was no strong figure coming out to do further work. At the end of April, State Council spokesman Yuan Mu came out to do some work once, and that was considered the end of it. I felt there were problems. So regarding what the superiors conveyed, I both believed it, but also saw that the work was still insufficient. Currently, good people and bad people have not been separated yet, and the masses’ emotions are still very strong. Under such circumstances, adopting this method, I felt that if not handled well, it would cause chaos.

Presiding Judge: Defendant, please pay attention. Do not speak too much about other things. Mainly answer the question just raised.

Judge Feng Zhaoshan: That is to say, regarding this decision by the Party Central Committee and the order by the Military Commission, what was your attitude at the time? You just said it was an attitude of doubt. Besides holding an attitude of doubt, what other attitude did you have? One is what you thought, the other is this issue expressed through your behavior.

Xu Qinxian: Mainly an attitude of doubt, just doubting whether doing this was appropriate.

Judge Feng Zhaoshan: If you doubted and then didn’t execute the order, what does that count as?

Xu Qinxian: I raised some opinions and some suggestions. Some suggestions were not adopted. It was conveyed. After it was conveyed, I expressed unwillingness to participate. Later, after leading comrades in the Army did work on me to persuade me, my thinking changed somewhat, but it was already too late.

Presiding Judge: Regarding the Military Commission’s order, you just said it was doubt. You doubted what about the Military Commission’s order?

Xu Qinxian: Mainly, regarding using this method to resolve this event, was it appropriate at that time?

Presiding Judge: Doubting whether adopting this method was appropriate. Can it be said that you doubted whether this decision was correct?

Xu Qinxian: Regarding this decisive measure, it is a question of how to perceive it. Because at the time the Central Committee and the Central Military Commission were to determine such a decisive measure to solve this problem. Well, I had thoughts about this, so naturally, that means having doubts about this decisive measure.

Presiding Judge: Is it doubting its correctness?

Xu Qinxian: Naturally, it is doubting its correctness. Doubting isn’t that just doubting its correctness? Doubting whether doing so is appropriate, naturally, that is having thoughts about its correctness.

Presiding Judge: Besides doubt, was there any other meaning?

Xu Qinxian: No other meaning.

Presiding Judge: Your doubt could be manifested merely as lack of resolution in execution or action. But your behavior ultimately was a complete refusal to execute the Military Commission’s order. Is this merely a doubt?

Xu Qinxian: At the time, I felt that from my personal perspective, in my thoughts at the time, I didn’t yet feel I was completely refusing, because the entire unit resolutely executed it. But as a commander myself, I was unwilling to participate.

Presiding Judge: It was already raised just now: was it a question of doubt or opposition?

Xu Qinxian: Mainly doubt.

Presiding Judge: Was there a question of opposition?

Xu Qinxian: No.

Presiding Judge: Mainly doubt?

Xu Qinxian: Mainly doubt.

Judge Feng Zhaoshan: Your thinking manifested as doubt. What meaning did your behavior express?

Xu Qinxian: What my behavior expressed was that I was unwilling to participate.

Judge Feng Zhaoshan: “You can appoint me as Army Commander, or you can remove me as this Army Commander.” What did this mean?

Xu Qinxian: These were all said during the process of interjecting while with the leaders. For example, a leader would come out with a sentence, “How do you say this?” It was said like that. It wasn’t like what is stated in some testimonies, that it was all me speaking; that does not match the situation at the time. It was me saying a sentence, the leader saying a sentence. The leader sometimes raised this kind of question and said such a sentence. How should I answer? Sometimes I didn’t make a sound, sometimes I said a sentence. Saying this; it all came out under these circumstances.

Judge Feng Zhaoshan: Did this statement indicate your indication of not executing the order?

Xu Qinxian: This indication, at the time, was not raised from that angle.

Judge: Defendant Xu Qinxian, regarding the Central Military Commission’s order, was it ultimately doubt or opposition? This question mainly looks at your behavior. Defendant Xu Qinxian, do you know what harmful consequences your behavior of defying the martial law order had?

Xu Qinxian: On the night of the 18th to the 19th, Comrades Wang Fuyi and Wu Runzhong spoke to me. I thought about this question repeatedly. So I considered… I said executing such a major task, for example, is beneficial to the overall situation. Because as a unit, executing and participating… as the Army Commander, not participating has a bad influence. So there is definitely a problem with this. So in this way, I considered that from this angle, I should participate. Furthermore, if this matter spread to the outside world at the time, there would probably be an influence. Additionally, everyone was executing martial law tasks at the time. This behavior of mine… Originally, all energy should have been concentrated on doing the martial law task well, but as a result, my issue also had to be handled, which also added a lot of trouble for the superiors. At least in these few aspects.

Presiding Judge: Anything else? Xu Qinxian: No.

Presiding Judge: Next, we will read the titles of some intercepted foreign wire reports, foreign newspaper reports, and leaflets from the rioters.

(Judge Zhou Xinhua reads) Part One: Titles and Abstracts of Foreign Wire Reports: 1. May 18, 1989, 23:00, United Press International (UPI) report: The General of the 38th Army stationed south of Beijing refused the order to move troops into Beijing; 2. May 19, 1989, CNN report: 38th Army unwilling to take action; 3. May 19, 1989, 20:54, UPI report: High-ranking generals of the 38th Army are bargaining with Central leaders; 4. May 19, 1989, 23:55, NBC report: A general of the 38th Army said if his troops were sent to deal with foreign invaders, he would execute the order, but if asked to suppress students, he was unwilling; 5. May 19, 1989, 21:00, South Korean Seoul Radio report: The Army’s 38th Army defending Beijing notified authorities that it had no intention of suppressing democratic demonstrations; 6. May 20, 1989, 15:50, Taiwan Voice of Free China report: From the Commander to the soldiers of the 38th Army, all refused to enter the city; they are good guys. Part Two: Titles of Partial Foreign Newspaper Reports: 1. Hong KongMing Pao, May 22, 1989, Page 1: Situation of 100,000 Troops Besieging the City, stating the 38th Army refused orders to enter the city again, the Commander has been dismissed and replaced; 2. Hong KongMing Pao, May 21, 1989, Page 11: Refusing to dispatch troops to suppress students, a Chinese Communist military chief was dismissed; 3. TaiwanCentral Daily News, May 21, 1989, Page 2: 38th Army Commander resigns, soldiers express they will absolutely not open fire; 4. TaiwanCentral Daily News, May 20, 1989, Page 3: Communist Army gradually accepting democratic ideology; 5. TaiwanCentral Daily News, May 19, 1989, Page 1: Negotiations between students and Li Peng broke down, Chinese Communists mobilize army to Peiping [Beijing], two generals from Liaoning resign refusing orders, stating after 38th Army refused to march into Peiping, Chinese Communists are mobilizing more peripheral troops to Peiping; 6. TaiwanCentral Daily News, June 1, 1989, Page 4: Chinese Communist power struggle, each with ulterior motives, Communist Army infighting breaks out in disobedience incident, stating 38th Army Commander dismissed for disobeying orders; Part Three: Partial Leaflets from Rioters: 1. Mimeographed leaflet distributed in Tiananmen Square on June 2, 1989: A Moving Story: An Account of the Dismissal of the 38th Army Commander; 2. Mimeographed leaflet distributed in Tiananmen Square on June 3, 1989: Praising a Great Democratic Hero—The 38th Army Commander; 3. Afternoon of May 21, 1989, telegram leaflets with identical content sent from Beijing to the headquarters of the Army’s 21st Army, 19th Army, and 47th Army, stating officers above company level in the 38th Army unanimously refused to suppress the peaceful people’s democratic movement, inciting troops not to execute orders. Since the evening of May 20, 1989, telegram leaflets with identical content sent from Beijing to the Army Chiefs, Commissars, Commands, Political Departments, and Logistics Departments of the 24th, 27th, 28th, and 65th Armies, stating the 38th Army refused to suppress the petition movement to eradicate official profiteering and corruption, inciting troops not to execute orders.

Presiding Judge: The court now presents some reports from foreign wires, foreign newspapers, and leaflets from rioters. You may take a look, look at the titles. Defendant Xu Qinxian, did you hear clearly the titles of the foreign wire reports, foreign newspaper reports, and rioters’ leaflets just read?

Xu Qinxian: I heard clearly.

Presiding Judge: Foreign wires, foreign newspapers, and rioters’ leaflets said you and the 38th Group Army disobeyed orders and refused to enter the city, and called you a great national hero, thereby causing vile political influence domestically and abroad. Do you have anything to say about this?

Xu Qinxian: Due to my own issues, I provided more opportunities for rumor-mongering and slander to rioters, thugs, and foreign hostile forces. Originally, this turmoil leading up to the rebellion was supported by rumors. “If there is no crack, the fly won’t bite” [flies only go for cracked eggs]; adding my errors in the middle made it even more possible for those with ulterior motives to attack and spread rumors, creating some opportunities.

Presiding Judge: Anything else?

Xu Qinxian: No.

Presiding Judge: Does the defender have anything to say?

Defender: No.

Presiding Judge: Next, we will read the testimony and exposé from Zou Yuqi, Chief of Staff of the Beijing Military Region, and Peng Cuifeng, Minister of the Operations Department of the Beijing Military Region Command.

(Judge Feng Zhaoshan reads) Record of Inquiry on Responsibility. Afternoon of October 6, 1989. Location: Building 85 Guest House, Room 204. Inquirer: Shi Jizu; Person Inquired: Zou Yuqi, Chief of Staff of the Military Region Command.

Q: Today we mainly want to talk to the Chief of Staff about what impact Xu’s defiance of orders had on the 38th Group Army’s execution of martial law tasks? Mainly referring to the impact on organizational leadership.

A: Okay. I have a testimony regarding the relevant facts in my conversation with Xu. The words Xu spoke meant an obvious violation of orders. I took him to the Second Operations Duty Room to make a call because time was urgent, to have him convey the order quickly. After Xu finished the call, I asked Minister Peng of the Operations Department to also make a call to the 38th Group Army to inquire and see if Xu had conveyed the Military Region’s order verbatim. After that, I suggested Commissar Liu also make a call to the 38th Army to see if they had clarified the mission. Commissar Liu also made the call. This was the situation on May 18th. On the evening of May 19th, hearing that the troops were blocked during the advance, after explaining the situation to the Military Region leadership, I took several comrades to the scene to have a look, and happened to meet Director Yang [Baibing]. Security Officer Little Hu said: The Chief also plans to visit the troops to give instructions. After 12 o’clock at night, Director Yang spoke about the current situation, saying we had no choice but to take such measures, and we must have confidence in victory. The 38th Army is an old unit with glorious traditions; Xu Qinxian’s problem is very serious. Director Yang said: Chief of Staff and Director Zhang must both pay attention to the situation of the 38th Army; the 38th Army must report everything to the Chief of Staff and the Director. On the morning of the 20th, Commander Zhou formally announced, with Commissar Liu present, speaking in the reception operations duty room, suggesting and requiring Chief of Staff Zou to lead some comrades from the organ to the 38th Army to coordinate and organize.

Q: After you arrived at the 38th Army, did you see if other leaders of the Army knew about the matter of Xu defying orders? A: They knew. I sought out Commissar Wang Fuyi and asked about the situation of Xu coming to Beijing to execute tasks the previous few times. Commissar Wang and some old comrades introduced the personnel who came; they didn’t find any obvious abnormal situations, but there were some mood swings.

Q: If there hadn’t been Xu Qinxian’s problem, would the Military Region have sent you and the Commissar to the 38th Army?

A: No. Why didn’t they send people to other armies? The 38th Army was a reserve force at the time, so they would be even less likely to send people.

October 6

Investigation Record, January 5, 1990. Person Investigated: Peng Cuifeng.

Q: Minister Peng, to your knowledge, after Xu Qinxian’s problem occurred, what interference did it cause to the leadership’s work?

A: After Xu Qinxian’s problem occurred, superiors paid relatively close attention to the 38th Army, and it had an influence on people’s thinking. We have a document here that you can refer to. At 19:00 on May 20th, when Commander Zhou reported the situation to the Military Commission, someone said Vice Chairman Yang had two points of dissatisfaction: First, he was dissatisfied with the Commander of the 38th Army, saying this was intolerable, and according to past parlance, he should be severely sanctioned; failing at the critical moment. Commander Zhou also stated during the report that the Beijing Military Region troops planned for 40,000 men in the first batch, among which 15,000 from the 38th Army were blocked and did not arrive; the 113th Division was blocked at Changxindian, and more than 1,500 students lay on the ground starting from Baoding, resulting in failure to arrive.

Q: After the Xu Qinxian problem occurred, what changes were there in the deployment of the 38th Army?

A: After Xu Qinxian refused these orders, the Military Region prepared to let Deputy Chief of Staff Huang Yunqiao go to the 38th Army to guide the work, and later had the Commissar and Chief of Staff Zou go.

Q: If Xu Qinxian hadn’t had this problem, would the Commissar and Chief of Staff have been sent to the 38th Army?

A: Chiefs might go to troops to inspect and guide work, but going under this background, the task and purpose are different.

Presiding Judge: Defendant Xu Qinxian, did you hear clearly the testimony of Chief of Staff Zou Yuqi and Minister Peng Cuifeng just read?

Xu Qinxian: I heard clearly.

Presiding Judge: Chief of Staff Zou Yuqi and Minister Peng Cuifeng testified that your behavior of defying martial law orders seriously interfered with the deployment of martial law tasks. Do you have any opinion on the testimony of Chief of Staff Zou Yuqi and Minister Peng Cuifeng?

Xu Qinxian: No.

Presiding Judge: Does the defender have any opinion?

Defender: No.

Presiding Judge: The court is now in recess. The session will continue in the afternoon. Take the defendant down.

(Clerk Zhao Yonghai announces) Please rise, Presiding Judge and Judges entering the court.

Presiding Judge: The session now continues. Summon defendant Xu Qinxian to the court. Defendant, sit down. Defendant Xu Qinxian, do you have anything else to say regarding the criminal facts of defying martial law orders charged in the indictment? Now is still the court investigation phase.

Xu Qinxian: Regarding the facts charged against me in this indictment, there are a few points where I feel there are still some problems, or they do not completely correspond, or there are some discrepancies. One is at the beginning of the indictment, “native of Shenyang, Liaoning Province, small peddler background.” This does not quite conform to the facts. Because the classification was never formally defined in the city, to be precise, I am an “urban commoner,” because previously I worked as a shop assistant and did very small business. Until before the liberation, the whole family made a living selling vegetables. so various registrations are different. Synthesizing these various professions, it should be as Chairman Mao said, generally belonging to the “urban commoner” class.

Regarding some specific facts: One says that after Commissar Liu finished conveying, I expressed refusal to lead troops into Beijing to execute martial law tasks. This does not completely correspond. After the chiefs finished speaking, I asked for instructions on some unclear items, raised some suggestions, etc. Only later did I say it would be best for the Military Region to convey it directly, or expressed that I was unwilling to participate. It was not that immediately after the chief finished speaking, I immediately expressed refusal to lead troops to execute these tasks.

Another one, in the investigation stage, it was also mentioned, therein multiple times, or it mentioned, “inappropriate to issue in the name of the Party.” This does not quite conform to the facts. I absolutely did not think that way, nor did I speak that way. At the same meeting, when the chiefs mentioned that it wouldn’t be good if it wasn’t conveyed through you, the Army Commander, I even stated, I said the army is absolutely led by the Party and listens to the Party. So how did “inappropriate to issue in the name of the Party” come out, or “issued by the State”? I can’t recall saying those words no matter what. It was never in my mind, nor did I say it.

The fourth issue, regarding talking about historical testing, or that this matter is unclear for the moment, or about merit or being a sinner, and so on. Here the whole thing is linked together in one paragraph. Anyway, regarding these words, they were said before and after. Because in the middle, the chiefs interjected, it wasn’t like it was said all together. Sometimes after a chief finished speaking on a part, I would say a few sentences. It seems like this whole paragraph. And when saying this, it wasn’t very continuous, because the chiefs had words in between. The chiefs’ words were mainly spoken by Commissar Liu and Deputy Commander Li. After the two of them finished speaking, sometimes I would say another two sentences. After I finished, the chiefs would speak again. It was such a process.

The fifth point, talking about unable to execute, or the Military Commission appointing me or removing me; this is also a bit inaccurate. And regarding the question of execution, it mainly spoke about a comparison with combat and disaster relief. In combat tasks, the battle line is distinct, friend and foe are clear, targets are clear. Disaster relief is the same. With weapons and equipment carried for these tasks, good people and bad people are all mixed together and indistinguishable; where are the masterminds behind the scenes? You can’t see clearly. And carrying weapons and equipment, how to execute under such a condition? It wasn’t that “this order cannot be executed” suddenly popped out. Putting it this way makes it seem like as soon as I heard this task, I said it couldn’t be executed, without prerequisite conditions. There were many prerequisite conditions in the middle, right? Dismiss me, appoint me, appoint me, dismiss me; what I said was the superior, the superior can appoint me, and can also remove me. Other places also mentioned “please find someone else,” or “cannot command anymore.” In my concept, because this team is a collective, the collective of this team, just because something happened to one person due to certain circumstances, this person is sick or has other circumstances, it does not hinder the command of this team. Of course, there is an impact. The documents presented this morning, reading these materials, there is some impact, but it won’t hinder the command of the team. So regarding these situations, I don’t remember saying them at the time.

Also regarding that paragraph said to Comrade Wang Fuyi, it wasn’t completely spoken that way either. I said after that, you execute it, I have already spoken to the Military Region about some thoughts, stated some differing opinions, you study and implement execution. I didn’t say very, very much. The meaning was definitely there. Also in this indictment it says, that is, afterwards I did not express to the Military Region again that I wanted to execute this task. This was on the evening of the 18th. Afterwards I didn’t speak again, that is, report directly to the Military Region, because although it was quite reluctant that night, Comrade Wang Fuyi said he would report to the Military Region chiefs. And I asked, I said can the chiefs understand? You go now; can the chiefs trust you? He said no problem. After that, I didn’t speak again. If it says here that I did not directly express participation to the Military Region chiefs, this is a fact, but the indirect expression was there. So regarding some facts charged in this indictment, on these few points, I feel there are still some problems. Of course, during the investigation process this morning, some have already been mentioned. Finished.

Presiding Judge: Prosecutor, are there any further questions you need to interrogate Defendant Xu Qinxian about, or questions to raise to this court?

Prosecutor: Xu Qinxian, I will ask you two questions. First, in late April, that is late April of ‘89, Chairman Deng had a speech and thePeople’s Daily“April 26 Editorial.” Did you see them?

Xu Qinxian: I saw them.

Prosecutor: How did Chairman Deng’s speech and the “April 26 Editorial” describe the nature of the turmoil occurring in Beijing?

Xu Qinxian: Turmoil, premeditated by a very small number of people.

Prosecutor: What does the turmoil refer to?

Xu Qinxian: Two negations.

Prosecutor: Which two negations?

Xu Qinxian: Negating the Party’s leadership, negating the socialist system.

Prosecutor: Was this clear to you at the time?

Xu Qinxian: Clear.

Prosecutor: Second question: You are a veteran soldier and a veteran Party member. What is the organizational principle of our Party and our Army?

Xu Qinxian: The individual obeys the organization, the subordinate obeys the superior, the whole Party obeys the Central Committee.

Prosecutor: Is this explicit?

Xu Qinxian: Explicit.

Prosecutor: Was it explicit at the time?

Xu Qinxian: It was also explicit at the time.

Prosecutor: Then as the Commander of a Group Army, what attitude should be taken towards the orders of superiors, especially the Military Commission?

Xu Qinxian: As an order, it should be resolutely executed.

Prosecutor: Should be resolutely executed. Did you execute it?

Xu Qinxian: There were problems in the process of execution. As an individual, I expressed unwillingness to participate.

Prosecutor: At what time did you express unwillingness to participate?

Xu Qinxian: At the meeting and when calling Commissar Liu afterwards.

Prosecutor: You explicitly expressed unwillingness to participate, is that right?

Xu Qinxian: What I told Commissar Liu was unwillingness, unwilling to participate.

Prosecutor: What nature of problem is this? You expressing that attitude at the meeting and on the phone to Commissar Liu, what nature of problem is that?

Xu Qinxian: The meaning of unwilling to execute this order.

Prosecutor: Was it meaning? Was it behavior?

Xu Qinxian: Under those circumstances, at the time it was spoken as meaning.

Prosecutor: Did you execute it?

Xu Qinxian: As for me personally, that was the attitude. This has all been investigated.

Prosecutor: Personally not executing, right?

Xu Qinxian: Personally, just unwilling to participate, not participating.

Prosecutor: What does unwilling to participate mean? It was an order conveyed to you. What is the meaning of your unwillingness to participate? Can you speak clearly? My questioning is finished.

Presiding Judge: Defender…

Prosecutor Jiang Jiguang: I have a question to ask. Today you said that after May 18th, although you didn’t directly express willingness to execute the order to the Army-level leadership, you spoke indirectly. How did you speak indirectly? Did you commission the leadership of the 38th Army to report to the Military Region leadership that you wanted to participate in executing the task?

Xu Qinxian: At the time Comrade Wang Fuyi said he would report to the Military Region, so afterwards I didn’t ask him again whether he had reported.

Prosecutor Jiang Jiguang: Did you commission Wang Fuyi to report to the leadership for you?

Xu Qinxian: That is what was said at the time, that is what was said on the evening of the 18th.

Prosecutor Jiang Jiguang: Who said it?

Xu Qinxian: Comrade Wang Fuyi said it.

Prosecutor Jiang Jiguang: What did you say? Did you commission Wang Fuyi to say it?

Xu Qinxian: Because Comrade Wang Fuyi already wanted to say it, I didn’t commission him again. He also spoke very definitely.

Prosecutor Jiang Jiguang: You also didn’t commission Wang Fuyi to speak to the leadership. Is that the issue?

Xu Qinxian: Yes.

Prosecutor Jiang Jiguang: Finished.

Presiding Judge: Defender, do you have any further questions to ask Defendant Xu Qinxian, or questions to raise to this court?

Defender: No.

Presiding Judge: Court investigation concluded. Next, proceed to court debate. Debate statements will proceed in the order of the Prosecutor, Defendant, and Defender, and they may debate each other. First, the Prosecutor will speak.

Prosecutor: Presiding Judge, Judges. According to the provisions of Article 112 of the Criminal Procedure Law of our country, acting in the capacity of State Prosecutor, we initiate a public prosecution against Defendant Xu Qinxian for the case of defying martial law orders, and attend today’s court session to support the public prosecution. Through the court investigation, it is further proven that the indictment of this Procuratorate charging the defendant with the crime of defying martial law orders is clear in facts, sufficient in evidence, and accurate in characterization. I will not repeat this here. Below, we offer three opinions regarding the social harm consequences of the defendant’s behavior, the issue of applicable law in this case, and the lessons of the defendant walking onto the path of crime:

I. Defendant Xu Qinxian’s behavior of defying martial law orders caused serious consequences of social harm and must be punished according to law.

In the turn of spring and summer last year, a very small number of people persisting in bourgeois liberalization colluded with international hostile forces, adopted various despicable means, incited student strikes, provoked incidents, and set off a political turmoil in Beijing aimed at overthrowing the Communist Party and overthrowing the socialist system, which further developed into a counter-revolutionary rebellion, attempting to establish a completely Westernized bourgeois republic. They established illegal organizations such as the Autonomous Student Federation and Autonomous Workers Federation, incited students to strike, march, and even organized hunger strikes in Tiananmen Square; they used big and small character posters to manufacture and spread rumors, frantically attacking the Four Cardinal Principles, and viciously slandering Party and State leaders; they attacked key departments of the Party and State, exerting pressure on the Party and Government; they connected everywhere, attempting to create nationwide political turmoil, plunging the capital Beijing into a state of serious anarchy. Social order fell into chaos, people’s work and life order were severely destroyed, and state power faced the danger of subversion. Facing the worsening chaotic situation, the Party and Government adopted persuasive, admonishing, and other dredging methods at different levels and through various channels, all of which failed to take effect. The very small number of people manufacturing turmoil took the Party and Government’s patience and restraint as weakness and vulnerability, pushing their luck and constantly expanding the situation. Under circumstances where it was unbearable and no further concessions could be made, the Party Central Committee and State Council decided to implement martial law in parts of Beijing. This was the only correct choice made by the Party and Government to safeguard the country’s security and stability. However, at the critical moment when the Party and State faced life and death, Defendant Xu Qinxian openly opposed the wise decision of the Party Central Committee and State Council and refused to execute the martial law order issued by the Military Commission. His behavior damaged the interests of the Party, the State, and the people, and the harmful consequences are serious. First, it directly interfered with the work of the Military Commission chiefs and the Beijing Military Region’s deployment for executing martial law tasks: After the issue of Xu Qinxian refusing to lead troops into Beijing to execute martial law tasks occurred, the Military Commission chiefs attached extreme importance to it and promptly gave clear instructions. To eliminate the influence and do their utmost to avoid or reduce the harm caused or potentially caused by Xu Qinxian’s behavior of defying orders, leaders at all levels took a series of major measures and did a large amount of arduous and meticulous work: Director Yang Baibing of the General Political Department personally went to the 38th Group Army’s forward command to visit the troops and do work to stabilize the troops; leaders of the Beijing Military Region repeatedly instructed and required the 38th Group Army Party Committee and leadership to do their work well, maintain the high stability of the troops, and resolutely complete the martial law tasks assigned by the Military Commission; to strengthen leadership over the 38th Group Army, the Military Region Party Committee immediately sent Deputy Commissar Chen Peimin and Chief of Staff Zou Yuqi to the Army to help guide the work; after learning the news of Xu Qinxian defying orders, the leadership of the 38th Group Army was extremely shocked and indignant, and immediately convened standing committee meetings and meetings of cadres at division level and above, conveyed the Military Commission’s order, criticized Xu Qinxian’s error, studied and deployed the task, and formulated emergency measures. When the troops were advancing towards the Beijing urban area, some people used Xu Qinxian’s problem to carry out reactionary propaganda and injured some cadres and soldiers. The troops were seriously blocked and could not arrive for a time. Cadres and soldiers were burning with anxiety. To express their loyal hearts to the Party, they consciously faced the direction of Tiananmen and swore an oath: Pledge to defend the Party Central Committee to the death! Pledge to defend the socialist motherland to the death! Pledge to defend the capital Beijing to the death! It was precisely because leaders at all levels attached great importance and took decisive measures, and the vast numbers of commanders and fighters possessed high political consciousness of loyalty to the Party and the people, that greater harmful consequences to the troops caused by Xu Qinxian’s criminal behavior were avoided.

Second, Xu Qinxian’s criminal behavior objectively fueled the reactionary arrogance of the turmoil and rebellion elements, increasing difficulties for the troops entering the city to execute martial law tasks. As the Commander of a Group Army, failing to be in position at the critical moment objectively exposed his act of defiance to society. The organizers of the turmoil and rebellion used the matter of Xu Qinxian defying orders to exaggerate wantonly, confuse people’s minds, and use this to instigate rebellion within the troops, attempting to disturb military morale and disintegrate the troops. After May 20th, four Group Armies of the Beijing Military Region received reactionary telegrams about the so-called 38th Army refusing the petition movement to suppress and eradicate official profiteering and corruption. When martial law troops were advancing towards the urban area, some people intercepted military vehicles, shouting loudly reactionary slogans such as “Learn from the 38th Army Commander, do not enter the city to suppress students.” In Tiananmen Square, rioters even called Xu Qinxian a national hero, using him as a banner to create counter-revolutionary public opinion, thereby fueling the arrogant flames of the turmoil and rebellion elements and adding many unimaginable difficulties for the troops entering the city to execute martial law tasks. Third, Xu Qinxian’s behavior of defying orders provided a pretext for international reactionary forces to attack the correct decisions of our Party and Government. After Xu Qinxian’s problem occurred, broadcasts and newspapers in countries and regions such as the United States, France, South Korea, Taiwan, and Hong Kong all used this to make a big fuss, viciously attacking the correct decision of our Party and Government to implement martial law in parts of Beijing, adding fuel to the fire of the turmoil and rebellion, causing vile political influence. The above facts show that Defendant Xu Qinxian’s behavior of defying martial law orders fundamentally deviated from the interests of the Party and the State, catered to the political needs of hostile forces, and the consequences are serious; it is absolutely impermissible by military discipline and state law. What needs to be pointed out here is that Xu Qinxian’s behavior belongs to dereliction of duty. Although he personally may not have subjectively pursued the occurrence of such harmful social results, nor did he intentionally collude with hostile forces from within, he should have foreseen that under such extraordinary circumstances, his behavior of defying martial law orders would inevitably produce results harmful to society. Yet he intentionally allowed such results to happen. Therefore, according to legal provisions, he must bear undeniable legal responsibility for these harmful consequences.

II. Legal Basis for determining that Defendant Xu Qinxian’s behavior constitutes the crime of defying martial law orders.

First, Defendant Xu Qinxian’s behavior of defying martial law orders possesses serious social harm. Article 10 of our country’s Criminal Law clearly stipulates: All acts that endanger state sovereignty and territorial integrity, endanger the system of the dictatorship of the proletariat, sabotage the socialist revolution and socialist construction, sabotage social order, infringe upon property owned by the whole people and property collectively owned by the working masses, infringe upon citizens’ privately owned legal property, infringe upon citizens’ personal rights, democratic rights and other rights, as well as other acts endangering society that should be subject to criminal punishment according to law, are crimes. However, if the circumstances are clearly minor and the harm is not great, it is not considered a crime. This statutory concept of crime in our country clearly tells us the most essential characteristic of crime: the social harm of the behavior. This harm includes both actual harm already caused to society and potential harm to society. Therefore, whether behavior has social harm is the main boundary distinguishing between crime and non-crime.

As is well known, obeying orders is the bounden duty of a soldier and an important guarantee for any army to conquer the enemy and win victory. Our army is an armed group executing revolutionary political tasks under the absolute leadership of the Party. Regarding orders from the Central Committee and the Military Commission, not the slightest hesitation or resistance is allowed; they must be obeyed and executed resolutely and unconditionally. However, at the critical juncture when the Party and State were in a life-or-death situation, Xu Qinxian openly defied the Military Commission’s order and refused to execute leading the troops into Beijing to execute martial law tasks. This behavior of disobeying orders in the face of battle directly interfered with the leadership organ’s deployment for executing martial law tasks, objectively fueled the arrogant flames of turmoil and rebellion elements, provided a pretext for hostile forces to attack the Party and Government, increased the difficulties for troops entering the city to execute martial law tasks, caused vile political influence domestically and abroad, seriously damaged the interests of the Party and State, and has already caused serious social harm, reaching the level where it should be subject to criminal punishment. Therefore, determining that the defendant’s behavior has constituted a crime is not anyone’s subjective will, but is determined by the social harm caused by the defendant’s behavior of defying martial law orders.

Secondly, Xu Qinxian’s behavior conforms to the principle of “conviction by analogy” in our country’s Criminal Law. Our country is a socialist country with a large population and vast territory. Conditions in different periods and regions vary in thousands of ways. Requiring a criminal code to explicitly stipulate without omission all crimes that have happened and may happen is difficult to achieve. To effectively guarantee the interests of the State and the people, that is, to strike against those criminal acts that, although not explicitly stipulated by law, indeed possess social harm, on the basis of adhering to the principle of a legally prescribed punishment for a specified crime, Article 79 of our country’s Criminal Law explicitly stipulates “A crime that is not explicitly stipulated in the Specific Provisions of this Law may be determined and sentenced by analogy to the most similar article in the Specific Provisions of this Law.” Because analogy is, after all, determining conviction and sentencing for behavior not explicitly stipulated by law, two basic principles must be strictly observed in specific application.

One is that the behavior convicted by analogy must have social harm and be a behavior for which criminal responsibility should be pursued. As mentioned above, Xu Qinxian’s behavior of defying the Military Commission’s martial law order has serious social harm and has reached the level of a crime, and his criminal responsibility should be pursued;

Second, the behavior convicted by analogy must be a crime not directly stipulated in the articles of the Specific Provisions of the Criminal Law. The so-called behavior not directly stipulated in the Specific Provisions of the Criminal Law means that from a formal perspective, its violation of criminal law is not manifested in a direct provision of the Specific Provisions of the Criminal Law, but in the most similar provision. Precisely because this behavior possesses the characteristic of harming society and should be punished by criminal law, his criminal responsibility is pursued based on the principle of analogy. Xu Qinxian’s behavior of defying martial law orders is not explicitly stipulated in the Specific Provisions of the Criminal Law or in the Regulations on Punishment of Servicemen for Dereliction of Duty, which is a component of the Specific Provisions of the Criminal Law. However, it is most similar to the main elements constituting the crime of defying combat orders stipulated in Article 17 of the Regulations on Punishment of Servicemen for Dereliction of Duty. Therefore, convicting and sentencing Xu Qinxian conforms to the legal provisions of our country’s Criminal Law regarding the system of analogy.

Third, accurately determine the charge based on the characteristics of Xu Qinxian’s criminal behavior. According to legal provisions, the charge by analogy must conform to the characteristics of the criminal behavior. Looking at the actual situation of this case, Xu Qinxian’s problem occurred during the process of the Party Central Committee and State Council deciding to implement martial law in parts of Beijing. Subjectively he had the intent to defy martial law orders, and objectively he had the behavior of defying martial law orders. This is distinguishable from the “crime of defying combat orders in wartime” stipulated in the Regulations on Punishment of Servicemen for Dereliction of Duty. What needs to be specially pointed out here is: executing martial law tasks in parts of Beijing was a very arduous, complex, and large-scale military operation. The success or failure of martial law directly related to the life and death of the Party and State. Stopping turmoil and suppressing counter-revolutionary rebellion is in itself a special battle. In this sense, the nature and consequences of Xu Qinxian defying the Military Commission’s martial law order are more serious than defying a specific combat order and causing the failure of a battle. The Central Military Commission’s Document No. 5 (1989) clearly pointed out that refusing to execute martial law orders generally belongs to criminal behavior and should be punished according to law. Based on the essential characteristics of Xu Qinxian’s criminal behavior, and according to the principle of analogy in the Criminal Law, by comparison with the provisions of Article 17 of the Provisional Regulations of the People’s Republic of China on Punishment of Servicemen for Violation of Duties, and after reporting to the Supreme People’s Procuratorate for review and approval, determining Xu Qinxian’s crime as defying martial law orders both adheres to the principle of consistency between crime and punishment and has sufficient legal basis.

III. Lessons from Defendant Xu Qinxian walking onto the path of crime. Xu Qinxian comes from a poor family background. He joined the revolution at age 15 and is a high-ranking cadre cultivated by the Party and the Army. Especially after the Third Plenary Session of the 11th Central Committee of the Party, he was selected and sent to the National Defence University, the highest institution of our army, for advanced studies. In just a few years, he was promoted from a regimental cadre to a Group Army Commander. Why did such a cadre, deeply trusted and regarded highly by the Party, refuse to execute the Military Commission’s martial law order at the critical moment of life and death for the Party and State, committing such a serious crime? His lesson profoundly tells us once again:

We must righteously persist in the Four Cardinal Principles and unequivocally oppose bourgeois liberalization. Nowadays, Western capitalism’s intent to destroy us has not died; they adopt various means attempting to implement peaceful evolution on socialist countries and seize positions occupied by socialism. Under this general climate, in recent years, the trend of bourgeois liberalization thought, characterized mainly by negating the leadership of the Communist Party and negating the socialist system, has run rampant domestically. At the critical moment, Defendant Xu Qinxian’s political stance wavered seriously, and he was disaffected from the Party; this is the inevitable result of the influence of bourgeois liberalization. In recent years, Xu Qinxian relaxed his study of basic Marxist theories and was very interested in books and periodicals promoting bourgeois liberalization. In particular, he couldn’t put downOn Heads of StateandTen Year History of the Cultural Revolutionwritten by Yan Jiaqi, a prominent figure manufacturing turmoil, circling and marking them, accepting quite a few liberalization viewpoints from them. He erroneously accepted historical lessons, first resonating with liberalization in thoughts and feelings, leading to severe wavering in political stance, adopting a sympathetic attitude towards the turmoil. Especially after Comrade Deng Xiaoping’s speech and thePeople’s DailyApril 26 Editorial clearly pointed out the reactionary essence of this turmoil, he never had a clear attitude. Until the Military Region leaders conveyed the Central Committee’s instructions and the Military Commission’s order to him, explicitly telling him: Implementing martial law in parts of Beijing was decided by the Standing Committee of the Politburo of the Central Committee, and this order was approved by Chairman Deng and personally instructed by Vice Chairman Yang, he still stubbornly persisted in thinking: This anti-Party, anti-socialist political turmoil was some kind of mass movement and force could not be used, and he blamed the escalation of the turmoil on the Party and Government’s work not being done to the right degree. Finally, it developed into openly defying orders. In his own words: This essentially meant standing on a right-deviationist stance inconsistent with the Party, departing from a profound background analysis, class analysis, and nature analysis of this event, and generating extremely serious erroneous understandings on issues concerning the life and death of the Party and State. Xu Qinxian’s lesson tells us that without the guidance of Marxist theory, relying on experience, common sense, feelings, etc., to make revolution makes it difficult not to make mistakes. As a Communist Party member, especially a high-ranking cadre, one must fully recognize that the opposition between the Four Cardinal Principles and bourgeois liberalization will exist for a long time in China’s socialist stage, especially its primary stage. The long-term proliferation of bourgeois liberalization thought will inevitably be transmitted to the troops through various channels, not only influencing soldiers and grassroots cadres but also eroding the thoughts of some middle and high-ranking cadres to varying degrees. Therefore, we must more consciously, consistently, and unremittingly persist in education and struggle against bourgeois liberalization. To do this, we must seriously study the basic theories of Marxism-Leninism and Mao Zedong Thought, especially studying Marxist philosophy and Comrade Deng Xiaoping’s expositions on persisting in the Four Cardinal Principles and opposing bourgeois liberalization, mastering the stance, viewpoint, and method for observing and analyzing problems, and improving political quality and the ability to distinguish right from wrong in complex environments. Studying theory must be combined with the reality of one’s own thinking, using correct theory to correct deviations and wrong angles in one’s own ideological understanding. One must absolutely not be self-righteous and opinionated. Only by mastering Marxist theory can one always maintain a clear head and a firm, correct political direction in the face of various complex contradictions and problems.

We must persist in the Party’s absolute leadership over the army, and in any situation achieve a high degree of consistency with the Central Committee politically and ideologically. The Party’s absolute leadership over the army is a fundamental principle of our army’s construction. For a period of time, some people persisting in the stance of bourgeois liberalization have vigorously promoted reactionary viewpoints of so-called depoliticization of the army and separating the army from the Party. In the turmoil and rebellion at the turn of spring and summer last year, they used this as a theoretical basis to oppose the army executing martial law tasks, attempting to stop our army from fulfilling its function of defending state power. Xu Qinxian not only accepted this liberalization viewpoint but also used it as a reason for refusing to execute the Military Commission’s martial law order. He said: “Such a major matter as using the army should be discussed by the Standing Committee of the National People’s Congress and the plenary meeting of the State Council; such an order should be issued by the State; it is inappropriate to issue it in the name of the Party.” Doubting the Party’s absolute leadership over the army and failing to maintain consistency with the Central Committee at the critical moment was an important reason for Xu Qinxian walking onto the path of crime. This lesson tells us again that our cadres, especially high-ranking cadres, must clearly understand that for a proletarian political party to lead the proletariat and the broad masses of people to overthrow reactionary rule, seize power, consolidate power, and build socialism, it must control the army. Without an army, it is impossible for revolutionary struggle to achieve victory, or to consolidate it after victory. Comrade Mao Zedong pointed out: Whoever wants to seize state power and maintain it should have a powerful army. The most fundamental manifestation of the Party’s leadership over the army is that the supreme leadership power of the army is concentrated in the Party Central Committee and the Central Military Commission. Without authorization from the Party Central Committee and the Military Commission, no one is allowed to interfere in the army, much less allowed to mobilize and command the army without authorization. Under the new historical conditions of reform, opening up, and modernization, leading cadres at all levels must, from the combination of theory and practice, history and reality, profoundly recognize the extreme importance of guaranteeing the Party’s absolute leadership over the army, achieving obedience to the command of the Party Central Committee and Central Military Commission in all actions.

We must strengthen organizational discipline, resolutely obeying orders and heeding commands. Military strategists ancient and modern, Chinese and foreign, all strongly emphasize army discipline and emphasize the army’s high degree of centralized unity. This is determined by the particularity possessed by the army itself. Military sayings such as “Military orders are like a falling mountain,” “The commander’s order is the subordinate’s law,” and “Keep an army for a thousand days to use it for an hour” centrally reflect this point. Military commanders do not hesitate to use the death penalty to sanction those who defy military orders, to guarantee the implementation of unified will. The first of the “Three Main Rules of Discipline and Eight Points for Attention” formulated by Comrade Mao Zedong for our army is “Obey orders in all actions”; Comrade Deng Xiaoping pointed out: Our army has always emphasized obeying commands in all actions and emphasized consciously abiding by revolutionary discipline. Without this, could we defeat enemies far stronger than us? Could we guarantee the Party’s absolute leadership over the army and implement the Party’s line and policies? Could we accelerate our army’s revolutionization and modernization construction? Now some cadres do not execute instructions from above and do not obey orders; this is not abiding by discipline. It was precisely on such a major question of principle that Xu Qinxian adopted an attitude of liberalism. When the Military Region leadership conveyed the Military Commission’s order to him, he was first mentally unconvinced, then developed into open resistance, and arrogantly proposed “such a major matter should be decided prudently,” and used dismissal and court-martial to threaten the leadership. Leading cadres at all levels must learn from this lesson of Xu Qinxian, strengthen the concept of organizational discipline, and recognize that our army’s discipline is based on high democracy and high consciousness, while at the same time being strict, iron discipline. Strict discipline is not contradictory to normal democratic life. As a high-ranking commander, one has the right to participate in major decisions, express one’s own propositions, and reserve one’s own opinions, but regarding the decisions of superiors, especially the Party Central Committee and the Military Commission, one must obey unconditionally and execute resolutely, and absolutely never allow free speech and free action according to personal will. Only in this way can we practically ensure that orders are executed and prohibitions are stopped, guaranteeing the army’s high degree of centralized leadership and unified command.

We must earnestly remold our worldview and resolutely oppose individualism. The struggle to control turmoil and quell rebellion was a most practical test for every Communist Party member, especially high-ranking cadres. Comrade Deng Xiaoping pointed out: This test proves that our army is qualified. When the Central Committee gave the order, the troops charged with martial law tasks acted swiftly and moved out immediately. Many cadres and soldiers made the choice to put state affairs first in the face of state affairs and family affairs. Some postponed weddings, some gave up leave, some interrupted their honeymoons, some volunteered repeatedly despite illness, and some embarked on the journey carrying telegrams of their loved ones’ death or critical illness. They endured humiliation and bore heavy burdens, were not impatient or rash, did not hit back when hit, did not curse back when cursed, seeking the masses’ understanding through practical actions. Some were selfless and fearless, generously facing death, demonstrating loyalty and unswerving dedication to the Party and the Republic. Many leading cadres, especially high-ranking cadres, took the lead, braving brick rain and seas of fire, commanding from the front, excellently completing this special combat mission, and earning new merit for the people. However, as a Group Army Commander, Xu Qinxian, in the face of this severe political struggle, thought first not of the fundamental interests of the Party and people, but of personal gain and loss. When receiving the task, he was afraid of bearing responsibility, saying that executing such a task might earn merit, but might also make one a historical sinner. He said in his self-criticism: “In the face of this test of life and death, blood and fire, it was I myself who threw myself off the train of history. Chairman Deng clearly pointed out to avoid bloodshed as much as possible, but not to fear bloodshed, not to fear international reaction, not to fear a bad reputation. But my own thinking was still relatively fearful, afraid of causing bleeding incidents, especially large bleeding incidents. Once that happened, I felt the prestige of the Party and Army would be affected, and the reputation of the executing unit and executor would also be affected.” One sentence reveals the secret: The reason Xu Qinxian refused to execute the Military Commission’s order at the time was fear that his reputation would be affected; he fundamentally did not consider the safety of the nation, thereby exposing his extreme egoist outlook on life. The most profound lesson Xu Qinxian gives us is that in the new historical period, for leading cadres at all levels, especially high-ranking cadres, to always maintain a firm and correct political direction and noble moral sentiments, and to defeat the various tricks displayed by capitalism in its strategy of peaceful evolution against our country, they must strive to remold their subjective world while transforming the objective world, constantly clearing away ideological dust, consciously using proletarian ideology to regulate and constrain their words and deeds, and truly achieving unconditional subordination of personal interests to the interests of the Party and people at any time and under any circumstances, being selfless and fearless, standing firm, bending not in the wind and rain, and remaining unstained out of the mud. This appears especially important at present. Presiding Judge, Judges, the nature of Xu Qinxian’s behavior of openly defying the Military Commission’s martial law order is serious, and the political influence is vile; it is rare in our army’s history. To maintain the solemnity of state law and military discipline, and to educate the individual and the troops, he must be punished according to law. At the same time, considering that this is a special criminal case occurring in an extraordinary period, and after Xu Qinxian defied the Military Commission’s martial law order, after the Group Army leadership did work on him, although he was mentally unconvinced, he did express to individual Army leaders that he wanted to go to the troops. Xu Qinxian has participated in the revolution for nearly 40 years and has done some useful work for army construction. Although these circumstances do not affect the determination of the nature of the defendant’s crime, nor are they statutory mitigating circumstances, the court is requested to consider them when sentencing.

Presiding Judge: Next, statement and defense by the defendant.

Xu Qinxian: To the Prosecutor supporting the public prosecution, I originally didn’t want to participate in this debate, because I myself had errors and caused problems. Today a public prosecution is brought, and the court is trying it. There are facts, there are laws. What problem is determined and how it is handled are all reasonable. But court debate is a procedure, so in this case, I will state a few opinions. Because I caused problems, speaking under such circumstances may not necessarily be appropriate, offered for the court’s consideration.

First question, speaking about the issue of “analogy and inference.” The prosecutor already touched on this issue just now. Before this, it was also explained to me: on what basis, how the analogy is made, and by which level it was approved. Naturally, there are reasons for comparison and analogy. Let me speak my own opinion. I think this comparison and this analogy are somewhat forced, because the martial law task has its particularity; it is different from combat tasks. In combat tasks, the mission objective and battle line are extremely clear; whereas this martial law is very strong politically, and amidst this turmoil manufactured by a minority, there was participation by a considerable majority of the masses. Good people and bad people were mixed together, the army and the common people were mixed together, right? The line was unclear. So speaking in this way, the difference in nature is very large.

Some problems occurring during martial law, if they occurred during combat, simply could not happen. This is regarding the special situation of executing martial law tasks. It is also different during the phase of accepting this task and during the process, because comparing it to Article 17 of the Regulations, right? That refers to “in combat.” In combat, that means you are unwilling to take measures regarding certain things. But this time, my problem occurred at the stage of accepting the task, that is to say, during the afternoon of May 18th. Furthermore, the purpose is also different, right? If this kind of problem occurs during combat, then it is either greed for life and fear of death [cowardice], or to preserve strength. But for this martial law task, more consideration was given to the political consequences; the problems it might cause were also relatively numerous. So regarding this comparison and analogy, is it completely appropriate? Since there is comparison and analogy, naturally there is reasoning for comparison and analogy. Whether it is completely appropriate, please consider this. That is, given the special circumstances mentioned above, this is one question I am raising.

The second issue is that during the court investigation, regarding the time when my problem occurred on May 18, the words spoken and the things done are not entirely consistent with the witness testimonies. On this point, I would like to ask the court, and of course the public prosecutor, to consider this. Because the event happened on May 18, and my situation was quite particular. Before this, the people proving my problems were mostly leaders of the Military Region. For example, regarding the Military Region leaders, before—say, prior to mid-July, and some into September or October—how many meetings had been held? How many times had circumstances been exchanged? Is it still the original situation that occurred on May 18? The plot at that time? The words spoken at that time? Because now I find it hard to defend myself. Those attending the meeting were from my own 38th Group Army, but those testifying about what I said and did at the meeting are mostly Military Region leaders and secondary department heads. Here, of course, there are no other issues; it is mainly because a long time has passed, and meetings were held in the interim, or there were discussions on how to handle my case, so some circumstances have been exchanged. Is it still the true face of the original event on May 18? Words not said, thoughts not thought, have now all emerged, so I truly cannot understand it.

The third issue, just now the Chief Prosecutor, supporting the public prosecution, spoke of some issues regarding consequences. I feel that regardless of the situation, this issue was indeed caused by me, and I should naturally bear the main responsibility for the bad influence caused to the social consequences. However, I also ask the court to consider these consequences. Because some consequences arose because I had a problem, and the organization took some countermeasures, correct? So, concerning these consequences, this cause cannot be entirely blamed on me personally. Because under those complex social conditions at the time, even if you had no cracks, various people with ulterior motives would still look for a crack. So if you have a slight crack, they will stir up even more trouble. Therefore, to blame these consequences, this problem, mostly on me, I feel is unfair. Because there were many rumors at the time. Afterwards, in reports regarding the quelling of this incident, there were a large number of articles, or mentions in reports, about this matter. Indeed, it is because I had a problem, but one cannot now attribute everything to my head, whether it be statements by turmoil elements, riot elements, or domestic and foreign telecommunications. Then, regarding whether DNA [sic] was spreading other rumors, is there also a fact to that? Furthermore, regarding whether these matters of mine are exactly as described—some materials were read out in court this morning, and I flipped through them but did not look carefully—some things are not facts; they were produced under the environment and background conditions of that time.

Fourth point of opinion. Just now, when the public prosecutor analyzed my issue, I felt that some parts of the analysis were very reasonable, but some parts did not completely accord with the facts. For example, regarding Yan Jiaqi’s book. Before this event occurred, I had not read Yan Jiaqi’s book at all, or perhaps I had flipped through a few pages. It was after I was isolated, after I was taken into custody, because there were no books to read, that I flipped through it in passing later on. So, to attribute reading this book after the event occurred as a cause of the occurrence is somewhat inconsistent with the facts. In recent years, regarding reading, it has mostly been Marxist-Leninist books, various military journals, and formal publications. I didn’t have time to read other messy things. It was only after I was taken into custody that I had time to flip through it. Anyway, flipping through it—I didn’t even know who Yan Jiaqi was at the time. It was only in June, when Chen Xitong made his report, that I knew what kind of person he was. Before that, I had no idea who he was. I didn’t buy the book either; it was bought by the public office. So this is a bit forced, perhaps a misunderstanding, because during that period, there were no books to read, right? I just casually picked up a book to look at.

Fifth point. I want to talk about the fact that I expressed many wrong opinions and serious problems occurred during this meeting. I ask the court to consider this. At that time, after the Military Region chiefs finished conveying the orders, I asked about some unclear issues. First of all, regarding the opinions and suggestions I made, and the many questions raised—of course, for a period after the problem occurred, I thought I was basically correct. This is speaking of my thoughts at the time. Because I said, as a Party member, as a senior cadre of the Party, as a Party member cadre, if you say one cannot even raise a few opinions, then I still thought I was right. Of course, looking at it today, my major premise was wrong; the major premise had problems. I feel that the section on opinions and suggestions can be separated from the other error sections, and from the other accusations against me, this crime. But I feel that opinions and other issues should still be distinguished. If I shouldn’t have raised them at this meeting, or if the occasion was wrong, or if the opinions themselves were wrong—criticism and correction, I feel, are all appropriate. But to treat it completely as a problem, completely as a crime, I feel is perhaps not entirely appropriate. Because regarding our Party Constitution and Guiding Principles, right? Admittedly, this was a meeting to assign martial law tasks, but the military is under the absolute leadership of the Party, and many issues must be handled according to Party principles. And our Party Constitution and Guiding Principles for Political Life stipulate that if Party members have different opinions on the Party’s guidelines, policies, or resolutions, they can raise them at Party meetings, and can also make oral or written reports to Party organizations at all levels up to the Central Committee. Right? Party organizations should welcome criticism and suggestions from Party members and the masses, while requiring Party members to be loyal and honest to the Party, consistent in words and deeds, and not to conceal their political views. Right? Not to distort the truth. If there are different opinions on the Party’s resolutions and policies, under the premise of resolute execution, one can declare reservations, and can present one’s opinions to the Party’s superior organizations up to the Central Committee.

At the same time, it requires every Communist Party member, especially members of Party committees at all levels, to strictly execute the committee’s decisions. If there are different opinions, they can be reserved, or a statement can be made to the superior Party committee, but before the superior or the same-level Party committee changes the decision, unless executing the decision would immediately cause severe consequences or in a very urgent situation, the original decision must be executed unconditionally. I feel that the Party Constitution and these Principles basically have two spirits. One is that if there are different opinions or suggestions, one should raise them to the superior Party committee organization without concealing views or declare reservations. The second point emphasizes that it must be under the premise of resolute execution. The third point also mentions that if execution in a very urgent situation would cause serious consequences, that is an exception. Regarding this issue, I feel my understanding of the Party Constitution and Principles articles was incomplete; mentioning various opinions and suggestions under the premise of resolute execution was insufficient. But at the time, I also thought that if this matter were done this way, wouldn’t serious social consequences emerge immediately? So I had many ideological concerns, considering it would cause serious consequences—these consequences being large-scale conflict or bloodshed. And from the perspective of my subjective will, I did not wish to see such a result.

When I heard the Central leaders say that there was no bloodshed and no conflict occurred, a stone fell from my heart. regarding how to solve it next, what I said myself, I felt was very good. Of course, the situation changed later, and my thinking didn’t keep up; that is still my own problem, and I made mistakes, that is certain. Should I have raised it? Was the occasion for raising it correct? And were the opinions themselves correct? But since the problem has already occurred today, I feel that whether it is our court or the public prosecutor, one should look at a person comprehensively.

For instance, whether a person is loyal to the Party depends on his implementation and execution of the Party’s ideological and political line, guidelines, and policies, right? It also depends on whether, when having different opinions, he can truthfully reflect them to the Party organization. Chairman Mao and Chairman Deng have both said in the past that to clear channels within the Party, expressing opinions is encouraged, advocating the “Five No-Fears” spirit to speak out different opinions. Saying that on this issue, if my understanding is wrong, that is fine. But I did indeed think that our Party has made mistakes in history. I just agreed with the public prosecutor’s analysis and accusation of my case, saying that there were mistakes in the past, and one of the reasons was that many opinions could not be reflected; that was one of the reasons. That is, many opinions could not be reflected. When thinking that this relates to such a major event for the Party and the country, right?

Encountering such a major event in the 40 years since the founding of the nation, speaking from the heart, I truly hoped for it to go well. I think all comrades in the Party probably share this thought. Of course, certain points of emphasis may not be exactly the same, but all hope for it to be handled well, right? Is it entirely appropriate to treat such a wish completely as a problem to accuse? Please consider this. Is it or isn’t it? Or to say that raising this question stems entirely from personal egoism, I feel this seems a bit excessive. Of course, Chairman Deng did indeed say not to fear social reaction, not to fear bad public opinion, not to fear bad reputation. The meaning is that after a bloodshed incident occurs, you shouldn’t fear this or that. I did have this in my thoughts, but more so, what was more primary was still our Party, still our Army, right? The Party and the Army were the focus of consideration at the time. Right? We have had some mistakes in the 40 years since the founding of the nation. If talking about big events, this is probably the biggest event. What other event is this big? That was the biggest event. Of course, there was the ten-year turmoil [Cultural Revolution], that was also a relatively big event. So from the bottom of my heart, I truly hoped it would be handled perfectly. But the angle of consideration, the height of consideration, the depth of consideration—I may have been wrong in these. But the wish, motive, and purpose were considered for the long-term stability of our Party and country.

Although it hadn’t been formally discussed at the time, I feel that sometimes, because we were reading books [studying], speaking from everyone’s wish sometimes, we all hoped it would be handled well. At the time, the leading comrades also said that the international reaction was considered relatively good. When conveying the message, this issue was also mentioned. So I thought back and forth repeatedly. In the past, there were mistakes that I saw but dared not speak of. Anyway, reviewing it afterwards, I felt that after the Third Plenary Session, our Party restored the ideological line of seeking truth from facts and bringing order out of chaos. Some problems were seen, or I personally thought this problem existed—that doing it this way is appropriate or doing it that way is inappropriate—and spoke it out. I spoke it out this time, and I still spoke wrong—spoke wrong. Because my angle of considering the problem was wrong, the height was wrong, and the depth was also wrong. I did not consider it from the Central Committee’s angle. So the questions I raised and the opinions I expressed might be miles apart from what the superiors thought and decided.

Final point of opinion. Regarding my own problem, whether it can be considered a crime, whether the crime is light or heavy—I feel there is no unbridgeable chasm between ideological problems and political problems, between mistakes and crimes. Some problems are ideological problems, but they can transform into political problems; some problems are mistakes, but if they cross a certain degree, they may become crimes. So regarding the state of my problem now—because when I was formally arrested, it was already said to me, “How do you recognize this problem?” I also mentioned this opinion. So I have sufficient understanding of the seriousness of my own problem. The facts accused against me, except for the few points I declared and mentioned, I feel are consistent with the situation at the time; some are not completely consistent. How is this chasm drawn? Is it ultimately a mistake or a crime? Is it ultimately an ideological problem or a political problem? I believe the court will make a judgment based on the facts and the law. This point is just expressed as a personal hope.

As for the process of this matter from beginning to end, I will just restate some relevant circumstances to the court. This is not a final statement, just talking about how these problems arose at the time, the situation. It was from early May onwards, because the last mission was executed in early May, and the Military Region reading class ended on May 11. Everyone felt the situation seemed basically over, saying the next step was just work and it would conclude. But herein a huge background appeared: within our Party appeared the error of splitting the Party and supporting turmoil, occurring with Zhao Ziyang. At that time, various public opinions, as well as speeches by some leading comrades, had tones that were not entirely consistent. Sometimes they emphasized this aspect, sometimes they emphasized that aspect. This thought was not consistent throughout, and this also produced some influence on my own thinking. Chairman Deng’s speech, the “April 26 Editorial,” and subsequent speeches by other leading comrades—Zhao Ziyang stopped speaking about them. That was supporting turmoil and splitting, splitting the Party. These problems appearing in the Party Central Committee influenced the problems down below. And this should be analyzed by seeking truth from facts; that is, one cannot completely blame these problems on a Group Army Commander. Because the situation a Group Army Commander understands is also very limited, right? Except for conveying a speech by Chairman Deng, an “April 26 Editorial,” and what was said when accepting the task—it’s not that I knew nothing else. Other situations were also discussed, such as solving it through the track of democracy and rule of law, some saying use the Ministry of Supervision to solve it, some saying solve it through democratic dialogue. Many opinions were discussed. And some opinions discussed, correct things, were welcomed. But later these things seemed not to continue.

Of course, I am not saying now that the cause of the turmoil and riots should be blamed on our work not being done thoroughly; it’s not like that. Because it was bound to happen sooner or later; the enemy was looking for trouble in this area. But if this split hadn’t occurred, if it had been consistent throughout, carried through to the end, then perhaps the problem wouldn’t have been so serious. So regarding this issue, I would like to ask for appropriate consideration regarding this environmental background. Second point, I fell ill starting May 15, right? I went to execute the task at noon on May 18. In between, the illness was quite severe; I was receiving treatment while going to accept the task. If I were very passive about this task, right, the doctors at the General Hospital wouldn’t have let me go at the time. I said I still had to go. I said, “You figure out a way to treat me.” I said I still had to go. I didn’t look for any excuses; I didn’t go to fight a slippery battle. Of course, after going for this task, it caused a great shock to my thinking, and there were many differences in thought; that is another issue, that is my own problem. Going to accept the task, I accepted the task under those kinds of circumstances. This is the second specific situation. Third specific situation: I first asked about some unclear questions. From the perspective of inner-Party life, speaking everything out in the open—even if it’s a mistake, isn’t it still an opinion? Now, this opinion, mistake, crime, and accusation are all lumped together. And now, the opinions that were spoken have changed shape; they do not match the meaning I originally expressed. How will this matter be handled in the future? As an individual, I can only speak out these thoughts. Because I never thought about how they changed; things that weren’t in my mind, how did they come out and become distorted? It’s unclear how this happened.

Fourth point, I only stated my opinions after the chiefs finished speaking and after I asked about some unclear questions. Furthermore, the opinions stated were not entirely passive. The opinions stated also had points worth considering. Now, these issues are not reflected in the indictment. It’s as if after the chief finished speaking, I just “popped” out and disagreed with him. That was not the situation. Since I asked about some unclear questions, I still had the preparation to convey [the orders]. For example, regarding my thoughts—at that moment, because time was very short, my mind couldn’t react that fast, and the angle of some considerations might not have been appropriate. But there was that preparation after all. If one is to convey it, don’t convey it wrong; the matter must be clarified.

Fifth point, the chiefs said several times, “You should still convey it,” right? Just convey it exactly as it is. The chiefs didn’t say too much more at the time either. Because the atmosphere at the time wasn’t that tense. Although I expressed such opinions myself—perhaps the chiefs didn’t expect it at the time, and I wasn’t mentally prepared either—but after it was said a few times, I still conveyed it. Another point is that on the night of the 18th, the morning of the 19th, and the morning of the 20th, this was done; the indication of reluctantly participating was also made. Regarding specifically when this indication was made—before going, I had also called the command post. Of course, regarding the changes in between, like the evidence presented this morning, those details, I can’t figure them out clearly. So for myself, the night of the 18th was quite reluctant. Why didn’t I report directly to the Military Region again afterwards? Because at the time Comrade Wang Fuyi said, “I reported to the Military Region chiefs.” I thought, “Now that it’s reported, it’s reported. Confirm with me again the next morning, and that’s it.” This point was indeed not nailed down. If he hadn’t reported, then I would have entrusted him to report again, right? Since it was reported, I couldn’t find a way down from the step I was on at the time, so I didn’t call again. But this indication [of willingness] certainly existed, and the chiefs also knew I was going. Because on the morning of the 20th, calls were made; they called me several times. I called, and afterwards Wu Runzhong called me saying, “You are not allowed to go. You stay there in the hospital.”

The witness testimonies this morning also mentioned this, right, to cut off contact with me. That means my indication that I was going to go was known to the Military Region chiefs. As for through what channel they knew, I am not clear. Of course, I consider the measures taken by the Military Region chiefs to be necessary, because at the time they didn’t know the bottom of my thinking. Is your thinking straight? How exactly will you execute this mission if you go? If you went, you would still have to act according to superior instructions, but at the time the superiors couldn’t figure out your bottom line. So I don’t mean to blame the superiors; because the cause was still led by myself, caused by myself. The last point to explain: at that time I was in a very painful and contradictory state of mind. I made the indication that I personally would not participate. Because since late April, right? Encountering these things, some problems I couldn’t think through. Some problems, after being said, seemed not to be done. So at this time, I had thoughts.

Speaking as an individual, no matter how much you can’t think it through, it is your personal problem. But I have thoughts; this cannot affect the unit, cannot affect the 38th Group Army Party Standing Committee. Of course, in fact, it’s impossible to have zero influence—emotionally, psychologically, regarding energy, this exists. But I felt that the individual and the organization are two different things after all. You the individual are the individual; the organization is the organization. One cannot affect the organization, affect this unit, because of the individual. This was one consideration at the time. The second consideration at the time: what to do about the individual? Or should I state my views directly? Speak out all my opinions thoroughly. I said it all. Of course, I could have had another attitude at the time: remain silent. But I mentioned earlier, one cannot always remain silent; some opinions can still be spoken out. Perhaps after the superiors hear this opinion, there might be some reason to it. So I still spoke out this opinion. So I had no other way, right? It seemed I could only adopt—because I couldn’t get through on this matter, and you couldn’t adopt other methods, couldn’t affect the unit—so I could only make the indication that I was unwilling to participate, that I personally was unwilling to participate. Moreover, when I left Building 85, I called Commissar Liu and made a report. On one hand, I had indeed come out of the hospital and was sick at the time. On the other hand, my thinking was indeed not straight, right? Speaking plainly and clearly—what is it about these things you can’t get straight? Right? Explained it all clearly. So regarding the above circumstances, I believe the public prosecutor and the court also have some understanding. So these matters, strictly speaking, didn’t need to be spoken of again during the debate. But since there is this procedure, and the Presiding Judge allows me to speak, then I will speak about it again. For reference. Finished.

Presiding Judge: Next, the Defender will defend.

Defender: Presiding Judge, Adjudicators. The Military Region Legal Advisory Office accepted the entrustment of the defendant Xu Qinxian and assigned us to serve as Xu’s defenders for the first instance. According to Article 28 of the Criminal Procedure Law of the People’s Republic of China, the responsibility of the defender is to present materials and opinions proving the defendant’s innocence, lightness of crime, or mitigation or exemption of criminal responsibility, based on facts and law, to safeguard the legitimate rights and interests of the defendant.

Before the hearing, we reviewed all materials of this case and met with the defendant. Having just listened to the court investigation and the public prosecutor’s statement, we believe: As a Group Army Commander, Xu Qinxian should have resolutely executed the order. However, Xu expressed to the Military Region chiefs that he personally would not participate in executing the task and would not go to execute the order. The nature of the problem is serious. But considering some specific circumstances in this case, in order to safeguard the legitimate rights and interests of the defendant, we now present the following defense opinions:

Xu Qinxian’s behavior of expressing to the superiors, superior chiefs, and the organization that he personally would not participate in executing the martial law task during the stage of receiving and conveying the martial law task belongs to a lighter form of a commander’s non-execution of martial law orders. For instance, after receiving the task, under the chiefs’ order, Xu Qinxian still called the Group Army Commissar Wang Fuyi as required and conveyed the specific tasks assigned to the 38th Group Army by the Central Military Commission (CMC) and the Military Region. After conveying it, he expressed to the Military Region chiefs: “The task has been conveyed. I am going back to the General Hospital to be hospitalized,” and that they shouldn’t look for him regarding this matter anymore. These facts are consistent with his statement that he did not intend to affect the subordinate troops’ execution of the order, but only intended not to participate in executing the martial law order personally. It should belong to the behavior of a commander personally not executing a martial law order. Regarding the degree of harm of this behavior itself, we can analyze the basic forms of a commander not executing martial law orders.

For example, according to the time the behavior occurs, it can be divided into non-execution behaviors during the stage of receiving and conveying the martial law task, the stage of organizing mobilization and material preparation, the stage of setting out and advancing under orders, and the stage of implementing martial law. Obviously, because the non-execution behavior in each subsequent stage infringes upon the collective and individual more directly than the non-execution behavior in the preceding stage, its degree of harm is greater in the latter than in the former. Therefore, the harm of non-execution behavior occurring in the stage of receiving and conveying the task is lighter than non-execution behavior occurring in the subsequent stages.

Furthermore, according to the method adopted, it can be divided into three types: The first is conveying the order downwards but expressing to the superior that one personally will not participate in executing the order; The second is outwardly obeying but inwardly opposing, utilizing the commander’s position to hinder the subordinate troops from executing the order; The third is detaining the superior’s order and controlling the subordinate troops to resist executing the order. Obviously, the direct consequence of the behavior in the first mode mentioned above is that because it enables the superior to discover it in time and appoint a new commander to organize and complete the martial law preparation work and martial law task, it generally will not delay the martial law timing or directly affect the completion of the martial law task. It is a lighter type of commander’s non-execution of martial law orders. Whereas the behavior in the second mode, due to having a certain deceptive nature and hindrance to the subordinate troops’ execution of the order, will lead to the superior discovering it late, possibly delaying the martial law timing, or directly affecting the completion of the martial law task. And the behavior in the third mode is the most serious type, which will have a direct and severe impact on the completion of the martial law task.

From the above analysis, looking at the behavior of a commander not executing martial law orders, Xu Qinxian’s behavior, whether in terms of the time stage or the method adopted, belongs to a lighter form of non-execution of martial law orders. We ask the court to consider this when handling this case.

Xu Qinxian expressed to the organization during the martial law preparation stage that he wanted to participate in executing the martial law task. Court investigation confirmed: On May 19, 1989, when Deputy Commissar Comrade Wu Runzhong, entrusted by the 38th Group Army Standing Committee, went to the Military Region General Hospital to work on Xu, Xu expressed that he would participate in executing the martial law order and proposed three suggestions to Wu regarding the troops doing a good job in task execution mobilization and issues to note during the advance. Here it needs to be explained that although the Military Region had notified the 38th Group Army on the morning of the 19th to cut off Xu’s contact with the troops, etc., because Wu Runzhong had left the Group Army on the morning of the 19th to rush to the Military Region General Hospital, he did not know the spirit of the Military Region’s notification. Therefore, when Xu asked if the Military Region could agree to his participation in executing the task, Wu promised that the Military Region would agree. Therefore, Xu’s indication should be regarded as an expression of intent directly to the organization at his level and indirectly to the superior organization. Since Xu knew his troops were ordered to advance and assemble on the 20th, when he expressed participation in executing the task, it was still in the stage of organization mobilization and material preparation, and there were words and deeds of beginning to perform duties. These should be regarded as termination circumstances of a certain degree regarding Xu Qinxian’s original expression of personally not participating in executing the order. We also ask the court to note this when handling this case.

Opinions on other circumstances in the case of Xu Qinxian. First, Xu Qinxian has been enlisted for 40 years and has done some beneficial work in revolutionary war and troop construction. Second, before early May 1989, Xu twice led troops into Beijing and completed important tasks assigned by the CMC to maintain order in the capital. Third, after falling ill and being hospitalized on May 16, he objectively lacked a profound understanding of the truth of the turmoil and was also influenced to a certain extent by the erroneous public opinion guidance at the time and the two voices from the Center. We ask the court to comprehensively consider these objective situations when handling this case.

Adjudicator: Does the Public Prosecutor have any different opinions or anything to say regarding the issues raised by the defendant and the defender during the debate?

Public Prosecutor Jiang Jiguang: Presiding Judge, Adjudicators. Just now, the defender and the defendant raised defense opinions regarding the nature of the facts of the crime. We noticed that the defender raised the point that the nature of the crime belongs to the termination of a crime [discontinuance], saying that a crime had already been constituted, serving as a guilty plea defense. On this point, our understanding is consistent. However, regarding the defendant’s criminal behavior, does it belong to the termination of a crime? We believe: The defendant’s behavior is not the termination of a crime. According to legal provisions: Termination of a crime must meet three conditions. First, the defendant must actively stop the crime during the process of the crime. The act of termination can only occur in the preparation or attempt stage of the crime; in the consummated stage, the issue of termination of crime does not exist. This is one condition for termination of a crime. The second condition for termination is that it must be an automatic termination. That is to say, the criminal could have carried the crime through to the end but automatically terminated his criminal behavior according to his own will. The third condition is that it must be a complete termination, meaning the criminal must have completely abandoned the crime. Looking at defendant Xu Qinxian’s actions comprehensively, they do not meet these three conditions for termination of a crime. First, the defendant openly expressed refusal to execute the martial law order to the Military Region leaders on May 18; the crime was already completed. Moreover, at around 7 PM on May 18, he called Commissar Liu again to express: “I have already conveyed the task; don’t look for me for future matters.” Commissar Liu also clearly stated, “You just stay in your hospital; don’t worry about the troops’ matters anymore.” This all shows that the leaders’ attitude toward Xu Qinxian was also clear, and Xu Qinxian spoke clearly enough. This is a consummated crime. Although the Group Army leadership worked on him on the 19th, Xu never expressed willingness to execute to any leader [of the MR], showing that Xu’s defiance of the martial law order was a crime in implementation, and there is absolutely no issue of termination. Second, although Xu expressed willingness to execute to Deputy Commissar Wu of the Group Army on the 19th, Xu himself was also clear that the task he accepted was the CMC’s order to mobilize the 38th Group Army into Beijing to execute martial law. This order was not from the Military Region, nor from the Group Army. Once the order is issued, it is absolutely not a trifling matter. Xu had already clearly expressed refusal to execute the order. If he wanted to participate in execution again, the power of decision lay not with the Army, nor with the Military Region, but with the CMC. Therefore, the indication on May 19 does not affect the constitution of defiance of martial law orders. Third, according to the third condition of termination, the criminal must sincerely and completely abandon the crime. Yet the defendant, until he was dismissed from the post of Army Commander on May 24, still expressed to the leaders of the Political Department, “Whether it is wrong or not, history needs to test it.” The implication was that the behavior of defying the martial law order was correct. May I ask: How can this be called complete termination of crime and abandonment of crime? How can it be called termination of a crime? This is the first issue I want to respond to.

Additionally, the defender just raised the point that the defendant was influenced by various objective factors during the crime, and influenced by superiors and the two voices of the social conditions at the time. Regarding this issue, we believe: That is to say, the influence of various aspects of society at the time objectively existed, but the deciding factor still lies in the defendant’s subjectivity. This cannot serve as a reason to mitigate Xu Qinxian’s defiance of martial law orders. First, although the occurrence, development, and change of any matter are influenced by the social conditions and external factors of the time and place, this is not the essence. Marxism believes that external causes are the condition of change, and internal causes are the basis of change; external causes operate through internal causes. The defendant’s defiance of orders was caused by the influence of bourgeois liberalization ideology, incomplete transformation of worldview, being disjointed from the Party at the critical moment, and unstable political stance. This is the essential thing. Second point, the individual obeys the organization, the lower level obeys the upper level, the whole Party obeys the Central Committee; obeying orders is the bounden duty of a soldier, and those who defy orders face the death penalty. This is a basic common sense for an ordinary soldier. As a Group Army Commander, Xu Qinxian was clear on this. At the time, Xu used the expressions of not fearing dismissal and not being Army Commander to show his determination to disobey orders. This shows his subjective intent was clear, and he had made full mental preparations. Third point, if we talk about being influenced by two voices, then at that time, it was absolutely not just Xu himself who was influenced by two voices. Why were other comrades able to resolutely execute orders and complete tasks remarkably at the critical moment? I feel the most fundamental thing is that these comrades were tough politically, so they could maintain consistency with the Central Committee in action. Fourth point, what the law pursues is the defendant’s behavior of defying martial law orders, and the harm this behavior caused to our country, our Party, and society. As for being influenced by whatever reasons in thought, these are things of ideological motivation; they do not affect the determination of the nature of the crime, nor do they affect the determination of the facts of the crime, and are not conditions for leniency in law.

Below I respond to the third issue. Just now both the defender and the defendant said: When proposing not to execute the order, it was in a personal capacity, seemingly saying, “I personally did not represent the organization, did not represent the troops in disobeying orders,” so this circumstance is lighter. I believe this issue is untenable. First, the Military Region notified the Commander of the 38th Group Army to go to the Military Region to accept the order. This shows the Military Region was assigning the order to the 38th Army, absolutely not assigning it to Xu Qinxian as a person. Xu Qinxian came to accept the task representing the 38th Army at the time. So when Xu Qinxian defied the order at the time, it was in the capacity of Army Commander, not in some personal name. Moreover, defying orders in a personal name is not allowed either. In addition, although Xu conveyed the order to the troops, Xu’s behavior itself caused serious influence on the 38th Army. From this point, saying that Xu defied the order in a personal capacity implies that guilt can be mitigated, but this is also untenable. As for the defendant proposing “you can dismiss my Army Commander post” when accepting the task, this shows he was acting in a personal name. I feel this actually precisely demonstrated the defendant’s determination to resolutely not execute the order. It cannot prove that Xu Qinxian was representing a personal identity to execute the order or defy the order at the time.

Additionally, just now in his self-defense, the defendant mentioned that many testimonies were different from his own recollection, implying these testimonies were not objective. We believe this statement is groundless. First, according to Article 31 of the Criminal Procedure Law, witness testimony is a type of evidence, and these witness testimonies were all made based on the parties and the facts of the matter at the time, legally extracted by investigators, and examined and verified by the Procuratorate, possessing legal effect. Second point, according to legal provisions, anything that can prove the true circumstances of the case is evidence. Article 35 of the Criminal Procedure Law also stipulates that if there is only the defendant’s statement and no evidence, the case cannot be established; if there is no defendant’s statement, but the evidence is reliable and sufficient, the defendant can be convicted and sentenced. There was more than just Xu Qinxian present at the time, and not just one or two witnesses present at the time, but many people said at the time that the testimonies presented by the witnesses are objective. In the criminal facts determined by the indictment of this case, every sentence is corroborated by more than two witness testimonies. Therefore, the criminal facts determined in our indictment are objective, and these witness testimonies also have legal effect and can serve as the basis for the verdict.

Just now both the defender and the defendant mentioned looking at the defendant’s historical performance comprehensively. On this point, we already spoke in the indictment statement. To explain this issue further, I want to state this opinion: Our Party’s policy has always been strict in rewards and punishments, separating merit and fault. We can neither cover up the crime because of the defendant’s merits, nor fail to consider his life history because of the crime. We stated this very clearly in the public prosecution statement. Defendant Xu Qinxian indeed performed well in work; since the Third Plenary Session of the 11th Central Committee, he was continuously promoted from a regimental cadre to a Group Army Commander. This shows the Party affirmed Xu Qinxian’s work, and what should have been given was given. But we cannot say that because the defendant performed well in work, criminal responsibility should not be pursued now that he has committed a crime. It is the defendant himself who did not cherish the Party’s trust in him, did not cherish his own honor, did not pay attention to solving the problem of consistency with the Central Committee politically, leading to his failure to charge forward and his defiance of military orders at the critical moment. This is impermissible by Party discipline and state law. What the law pursues today is precisely the defendant’s behavior of defying military orders and causing social harm to the Party and the country.

Another point is that the defendant just said: “I was promoting democracy, I was raising opinions normally, not intending to defy military orders.” Attempting to use this to obliterate the substance of his defiance of military orders is impermissible. Promoting democracy and defying military orders are two different things with different natures. First, their natures are different. Promoting democracy is to achieve unified thinking, unified steps, and unified action on the basis of pooling wisdom, with the aim of achieving greater victory. Whereas defying military orders, whether in wartime or peacetime, is a manifestation of extreme anarchism; the result can only be damage to the revolution, causing major damage to the revolutionary cause. Secondly, the background and conditions of their occurrence are also different. Promoting democracy is a manifestation of carrying out criticism and self-criticism in normal Party life in peacetime. Whereas defying military orders is a matter of having to execute unconditionally after the superior’s decision has been issued. Third, the results produced by the two are also different. Promoting democracy can yield many kinds of results; it can also lead to an opinion being vetoed or becoming more perfect. Defying military orders has only one result, which is causing damage to the revolutionary cause. Thus it can be seen that on May 18, when the defendant was clear about the CMC’s order to transfer the 38th Army to Beijing to execute martial law tasks, his refusal to execute the order, in whatever sense, was not promoting democracy, but defying orders. The defendant intentionally confused two issues of different natures, with the aim of shirking responsibility. This is impermissible.

Additionally, the defendant just said, “I made this record seriously. From my thoughts, I personally didn’t want to transmit it, didn’t want to execute it personally, but the troops still had to execute it,” thereby wanting to show, firstly, that he supported the Central Committee’s decision and the CMC’s order, rather than opposing it. The facts are exactly the opposite. Although the defendant did make a record on the spot and did verify relevant data, this cannot prove that the defendant supported and executed the CMC’s order. When we judge a person, ultimately, we must not only listen to his words but more importantly observe his deeds. The defendant today not only clearly expressed his lack of knowledge but also did not execute the CMC’s order in action. How can one say that in thought he wanted to execute it, and in this action, it was merely a problem of not being resolute in execution?

Just now the defendant also mentioned the issue regarding consequences, believing that although there were various legends in society, this had nothing to do with him, and this responsibility cannot be entirely attributed to him. The defendant should note that in the public prosecution statement just delivered by our procuratorate, we already explained the consequences caused by the defendant. These consequences were caused by the defendant’s behavior; we did not say that all these consequences were caused by the defendant alone. But we noticed several issues: First, before May 18, there were indeed many legends and rumors in society regarding the troops, including the 38th Group Army and Xu himself. Upon verification, during this period, no organizational connection was found between the defendant and illegal social organizations, nor was it found that Xu revealed his thoughts and plans of not executing orders to society. On this point, we just explained clearly. The rumors in society before the 18th had nothing to do with Xu Qinxian. In the rumors during this period, the name of Commander Xu of the 38th Army was not explicitly mentioned. Therefore, on May 17, thePLA Dailypublished a specialized message refuting rumors on this. Second point, investigation shows that before Xu defied the martial law order on May 18, Xu knew about some rumors and legends in society. Normally, as a senior commander, hearing so many political rumors about yourself in society, you should have heightened vigilance and strictly prevented being taken in, using your own behavior of resolute execution of orders to refute rumors. Only this would be more beneficial to the Party, the people, and the revolutionary cause. Yet the facts are exactly the opposite. Xu Qinxian openly refused to execute the order in front of numerous Military Region leaders on May 18, using his own behavior to turn rumors into reality. Thus it can be seen that the defendant’s subjective viciousness is not ordinary. Third point, as a senior cadre, at the critical moment when the Party and the country were in a life-and-death situation, defying military orders on a critical issue—being where he should be but not being there—this in itself openly exposed his behavior of defying martial law orders to society and the troops. Everyone knows rumors are not fearful because rumors can be punctured by facts. But the fact of the defendant’s behavior of defying martial law orders, exposed in society, is difficult to clarify with public opinion. The influence and consequences caused by this action can be imagined. Fourth point, and more importantly, Xu’s behavior objectively catered to the needs of hostile forces at home and abroad, causing serious harmful consequences to our Party, our country, and our Army. The domestic and foreign facts listed by the court this morning have already explained these; I will not list them one by one here. In summary, these facts all show that the consequences caused by the defendant’s behavior are serious. He not only interfered with the work deployment of the leading organs and caused ideological confusion within the troops but also objectively supported and fueled the arrogance of the turmoil elements, setting up a banner for them. Xu’s behavior also openly announced to world public opinion the fact that a general defying orders indeed occurred in China. Are these not all consequences? I will respond this much.

Public Prosecutor: I will supplement one issue for everyone. Just now the defendant raised a point, which is that his motive when defying the order at the time was good, that he was caring about national affairs, and therefore it does not constitute a crime. We believe this issue is a mistaken understanding by the defendant regarding the constitution of a crime. Generally speaking, the so-called criminal motive refers to the inner cause driving the crime and the implementation of the criminal behavior. According to legal provisions, generally speaking, motive is not a necessary condition for constituting a crime. Only for those special crimes is motive a condition for constituting that crime. Criminal motives are varied; the same crime may have different criminal motives. Defendant Xu Qinxian’s motive for defying the martial law order was also a complex motive. It included the motive of worry and resistance arising from a lack of understanding of the Central decision, the motive of fear of bearing responsibility, and also the problem of an unstable political stance. Therefore, regarding the defendant’s motive, one cannot simply evaluate it as good or bad. But one point can be made clear: form the situation we have verified now, Xu Qinxian did not have an anti-Party, anti-socialist motive. Therefore, we determine that his crime is the crime of defying martial law orders, which is a dereliction of duty. Thus, motive alone is not a necessary condition for constituting this crime of defying martial law orders. So for this case, regardless of what motive Xu Qinxian acted from, it does not affect the determination of his constitution of the crime of defying martial law orders. However, considering that the defendant’s criminal motive at the time was a complex one, we also suggest the court consider this issue during sentencing. My supplementary response is complete.

Presiding Judge: Next, the defendant will speak.

Public Prosecutor Wang Changsheng: I will supplement the response on one more issue. Just now, when the defendant was conducting his self-defense, he mentioned a point saying that before the problem occurred, he was hospitalized. At the time, his physical condition was not very good, and this had a certain influence on his thinking. This needs explanation. According to the situation we investigated, understood, and mastered, at noon on May 18, Tang Minghong, Deputy Chief of Staff of the 38th Group Army, in the phone call notifying Xu Qinxian to go to the Military Region for a meeting, already asked about his physical condition. When asked, the defendant clearly expressed that there was no problem with his body and he could go to the Military Region to attend the meeting. Second, on the afternoon of May 18, when the Military Region leading comrades saw that defendant Xu Qinxian’s speech and mood were not quite right, and he also expressed non-execution of the order, some leaders asked the defendant again if there was a problem with his body. The defendant declared again on the spot that there was no problem with his body. This was Xu Qinxian’s answer regarding his physical condition before the case and during the process of defying the martial law order. After the case occurred, after the problem happened, that is, when the PLA Procuratorate was investigating this case, the comrades responsible for the investigation at the PLA Procuratorate also repeatedly asked the defendant: “How was your body when the problem occurred?” When answering the interrogation, the defendant also answered like this, saying it was not a physical problem, but an ideological problem. On January 8 of this year, that is, after this Procuratorate formally accepted the review and prosecution of this case based on the entrustment of the PLA Procuratorate, Deputy Prosecutor Jiang interrogated the defendant again. During the interrogation, he asked about his body again, and what the main reason for not executing the martial law order was. At that time, the defendant’s answer also stated that it was mainly an ideological problem. Therefore, synthesizing the above facts shows that the defendant’s claim that the non-execution of orders was caused by being riddled with illness and other reasons is inconsistent. His statement today is also inconsistent with his multiple expressions when the problem occurred and after the problem occurred; it is self-contradictory.

Presiding Judge: Does the Public Prosecutor have any other opinions? Next, the defendant will speak.

Xu Qinxian: Please have the lawyer defend some issues for me. The issues I personally want to answer are these few. I did not just say “riddled with illness.” I said when I went to accept the task—meaning I did not use poor health as an excuse not to go accept the task, or to shirk my own problems. The entire problem occurred… what the prosecutor just said is also correct; I mentioned this issue several times. My body was bad at the time, but it wasn’t the main reason; the main reason was the ideological problem. I don’t want to—because of this issue—you are pushing it elsewhere. It was originally a problem; you are substituting one thing for another; it’s not like that. When Tang Minghong called me asking if I could go, I said my body was better, I could go. regarding whether the body was actually good or not, only the doctor can say regarding the situation at that time. So regarding this matter, I did not use this to shirk my fault and guilt. I had no such intention. I just had no intention of rebutting; I am clarifying. This is the first point.

Second point, regarding some consequences and rumors in society. I was hospitalized on the 16th. Noon on the 18th… this passed the night of the 16th, the day of the 17th. On the 18th, there was no one. So in this day and a half, coming and going, anyway, quite a few people visited me. Some said I was dismissed, saying this and that. Because I was ill at the time, you say this matter—I indeed heard a little, but didn’t pay total attention. Because my body at the time didn’t allow me to discuss these issues with them. It was a very painful state. But after some mentioned it, I occasionally heard a sentence, right? Some I didn’t respond to, nor did I discuss this issue. This is the second issue.

Third issue, regarding the situation I spoke of after listening to the chiefs convey the task. It is not to deny the existence of my problem; that is not the meaning. Rather, it is to say that my taking notes and asking these questions showed an indication of conveying it to the Army [Corps]; that is, there was this preparation. But regarding thoughts—did I have thoughts? I had thoughts, but I had this preparation [to convey]. So in this way, I asked some questions. This accurate… this verified… this record implies this meaning. It is not using this verification to deny that I have a problem; that is not the meaning. My defense just now didn’t mean that either. The problem is the problem. It is just truthfully stating to the court what thoughts I had at the time. Because since you had this intention to convey, to convey you must convey accurately. If I didn’t want to convey, didn’t want to convey, why would you care if it’s accurate? You would just simply—that would be a posture of resolute confrontation. In fact, it wasn’t like that. At that time, I was seriously taking notes, and verifying the parts of the notes that were inaccurate. The purpose of verifying was that after I stated this opinion to the Military Region, if the Military Region made me convey it, I was still going to convey it. I’m just explaining this issue, not shirking the existence of my problem. This is the third point.

Fourth point, I did not speak about… it’s not about the issue of promoting democracy, but that at this meeting, I did speak about some opinions. Indeed, that day the meeting didn’t say “Let’s promote democracy, everyone raise some opinions.” It was like that. I believed that at this meeting, according to the Party Constitution and Principles, one could raise some opinions. Saying my opinion was wrong, saying I shouldn’t have raised it, saying the occasion was wrong, right—this is all fine. But one cannot lump raising these opinions and these matters all together. My meaning is this meaning; not an excuse. Saying “we have normal democratic life within the Party,” as if by saying these issues, this problem doesn’t exist anymore—that’s not the meaning. Because I mentioned at the very beginning, I said such a big problem, such a big mass political event, should be solved mainly by political means. Deploying the army. If force must be used, there are Garrison troops, Public Security, Armed Police; must Field Armies be used? Moving them to the outskirts of Beijing to maintain deterrence. Suggesting so-and-so come to meet—result is, suggesting so-and-so meet, several were crossed out in the middle. So I don’t want to use “promoting democracy” to shirk my own mistake, my own problem. A problem is a problem, right? Guilt is guilt. But I am explaining these circumstances, that there was such a process in the middle. I was speaking as an opinion. As for how these opinions are determined, right, the court can consider. So today, speaking during the debate stage, I still have a bit of legal right, I can speak a bit. So I spoke out this opinion. As for how it is determined, then it is determined however it is determined. I also don’t consider this a meeting for promoting democracy, but in my concept, regarding the task spoken by the superior, if there are different opinions, it seems one can mention them. As for if you mentioned it wrongly, mentioned it incorrectly, whatever responsibility you should bear, you bear. I just wanted to explain this point.

Fifth point, regarding this matter, anyway according to legal procedure, I have no way… how to say it? Can’t say it, right? Anyway, I didn’t say it that way. For example, honestly I didn’t speak that way, honestly I didn’t say it that way, and honestly I didn’t think that way either. So now, many witness testimonies prove I said it that way. Then from a legal angle, however it is recognized, let it be recognized. But speaking from facts, I see there will be a day when it is cleared up. Because he didn’t say it, he simply didn’t think of this matter. You say, a common sense, right? You can say… not to mention you are a senior cadre, you, a junior cadre, right, a grassroots commander also understands that this army is under the absolute leadership of the Party. One cannot say that publishing in the Party’s name is inappropriate. One cannot say that after this, you let the NPC Standing Committee and the State Council discuss it, tossing the Central Committee and the CMC aside. This is a matter within common sense. That is to say, even if emotionally excited, he wouldn’t be excited to that extent. Regarding this matter, I don’t want to say too much, because there are many chiefs, and most said it this way. But I indeed did not speak that way, and I indeed did not think that way, did not think that way. This is one issue, right? Regarding other issues, I ask the lawyer to defend me. That’s all.

Presiding Judge: Next, the Defender will speak.

Defender: Just now the public prosecutor talked about the issue of the constitution of a crime and the termination of a crime. Regarding termination of a crime affecting the constitution of a crime—the defender just now did not mean that implication, not that meaning. Termination does not necessarily affect constitution; constitution of a crime and termination of a crime are two different concepts. Second point, China’s Criminal Law stipulates: During the process of a crime, voluntarily terminating the crime, or voluntarily and effectively preventing the consequences of the crime from occurring, is the termination of a crime. regarding how this article of China’s Criminal Law relates to Xu Qinxian’s expression of intent on May 19, and whether it is an expression of intent to terminate, this defender does not want to say much. Try analyzing: Was Xu’s behavior of not participating in executing the order still in a continuous process?

(Video recording ends here; the court trial did not end and has never ended.)