Xu Zhiyong’s First-Instance Verdict (English translation)

On the morning of January 26, 2014, the Beijing Municipal No. 1 Intermediate People's Court publicly opened court in accordance with law and issued a first-instance verdict concerning the defendant Xu Zhiyong on charges of gathering crowds to disturb order in a public place, affirming that Xu Zhiyong has committed the crime of gathering crowds to disturb order in a public place and sentencing Xu Zhiyong to a fixed term imprisonment of four years in accordance with law. The defendant Xu Zhiyong and his defender attended and participated in the trial and verdict announcement in court; and Xu Zhiyong's relatives observed all the entire process of the trial and the verdict announcement. The First-Instance verdict is attached:

Beijing Municipal No. 1 Intermediate Court

Criminal Verdict

Beijing Municipal No. 1 Intermediate People’s Court
Criminal Division, First-Instance Verdict No. 5268 (2013)

[Translation by a Group of Volunteers on http://chinalawtranslate.com]

 

Public Prosecution Organ: Beijing Municipal People’s Procuratorate Branch No. 1.

Defendant Xu Zhiyong, male, born March 2, 1973. He was criminally detained on July 16, 2013, on suspicion of gathering crowds to disturb order in public places, and was formally arrested on August 22 of the same year. He is currently detained in the Beijing Municipal No. 3 Detention Center.

Defender: Zhang Qingfang, a lawyer with the Beijing Han Ding United Law Firm.

Defender: Yang Jinzhu, a lawyer with the Hunan Yuelin Law Firm.

In Criminal Indictment (2013) No. 306, the Beijing Municipal People’s Procuratorate Branch No. 1 charges the defendant Xu Zhiyong with the crime of gathering crowds to disturb order in public places, and initiated prosecution in this court on December 13, 2013. In compliance with the decision on jurisdiction made by the Beijing Municipal High People’s Court in its High Court Criminal Document No. 101 (2013), this court accepted the case on December 13, 2013, assembled a collegiate bench in accordance with the law, and, on the same day, delivered to defendant Xu Zhiyong a copy of the indictment, informed him of the membership of the collegiate bench, the names of the clerks, and all the procedural legal rights he lawfully enjoys. Authorized by Xu Zhiyong, the defendersl submitted their defense authorization paperwork to this court and reviewed and reproduced all case file materials. The collegiate bench convened a pre-trial conference with both sides on January 17, 2014; and heard opinions regarding procedural issues, such as jurisdiction, recusal, witness appearances and exclusion of illegal evidence; and arranged for both sides to reveal the evidence they plan to present in court. The defenders did not request the exclusion of illegal evidence or recusal in the pre-trial conference, but raised objections on jurisdiction of the case and the separation of the case into several trials, and also requested that witnesses appear to testify in court. The public prosecutors also provided opinions on the objections and requests raised by the defender.. After listening to both sides’ opinions, the collegiate bench responded to the defenders' objections in accordance with the law. Upon receiving a copy of the indictment, the defendant Xu Zhiyong had submitted his opinions in writing to this court with respect to the issues of jurisdiction and witness appearances in court. After it made arrangements for Xu Zhiyong to review the evidence that the public prosecution organ intended to present, the collegiate bench responded to his request in accordance with the law. After the pre-trial meeting concluded, the collegiate bench separately delivered court summons and notices to appear to Xu Zhiyong and his defender. On January 20, 2014, the collegiate bench again convened a meeting with both sides to list the names of specific witnesses who would appear in court, the defenders expressed that they would no longer request witnesses appear in court to testify and would not submit any new evidence to the court. The public prosecutors also indicated they will not apply for witnesses to appear in court. On January 22, 2014, this court heard the case in open court in accordance with the law. Beijing Municipal People’s Procuratorate Branch No. 1 assigned acting procurators Wang Bin, Sun Ao, and Li Nan to appear in court in support of the public prosecution. The defendant, Xu Zhiyong, and his defenders, Zhang Qingfang and Yang Jinzhu, appeared in court to participate in the proceedings. The trial has now concluded.

Beijing Municipal People’s Procuratorate Branch No. 1 charged that:

Between July 2012 and March 2013, the defendant Xu Zhiyong, individually and together with others, exploited social issues of great public concern to organize, orchestrate and incite many people to take multiple actions to gather crowds to distrub order in public places, including in front of the Ministry of Education, in front of the Beijing Municipal Education Commission, the South Gate of Chaoyang Park, Zhongguancun, and the Xidan Cultural Square. After committing the offenses, the defendant Xu Zhiyong was apprehended by public security organs.

The Beijing Municipal People’s Procuratorate Branch No. 1 turned over evidence to this court, including physical evidence, written evidence, witness testimony, evaluation opinions, records of crime-scene inspections, audio-visual materials, digital data and the defendant’s statements and explanations. [The procuratorate] found that the defendant Xu Zhiyong repeatedly organized and orchestrated the gathering of crowds to disturb the order of public places and resisted and obstructed state public safety management personnel's lawful performance of their duties; that the circumstances were serious, and that qualify him as a ringleader; that his acts have violated the provisions of Article 291 of the Criminal Law of the People’s Republic of China so that criminal liability should be pursued for the offense of gathering a crowd to disturb the order of a public place; and requested this court to punish him in in accordance with law.

During the trial, the defendant Xu Zhiyong raised objections on jurisdiction and the separation of the case into multiple trials, and did not express opinions on the facts and offenses charged in the indictment. During the court investigation and debate phases, the collegiate bench on repeatedly informed Xu Zhiyong that he enjoys the right to a defense and may express his opinions regarding the facts and evidence in the case. Xu Zhiyong neither expressed his opinions regarding the facts and evidence in this case nor mounted a defense. During the closing statement phase of the trial, Xu Zhiyong discussed his motives for his actions and indicated that the agitation of individual participants were caused by other factors.

During the pre-trial conference, the defendant Xu Zhiyong’s defenders raised objections to the jurisdiction and separation of the case into multiple trials. During the court investigation and debate phases, the collegiate bench repeatedly reminded the defenders that they have a duty of defense in accordance with the law, and should to present materials and opinions, on the basis of facts and the law, showing the the defendant’s innocence or the lightness of the offense, and preserve the defendant’s procedural rights and other lawful rights and interests. During the court’s investigation phase, Xu Zhiyong’s defenders neither posed questions to Xu Zhiyong nor offered opinions on the evidence and no defense arguments were expressed during the court debate phase.

It has been ascertained through the trial that:

I. The defendant Xu Zhiyong exploited social issues of great public concern to organize and incite over a hundred persons to gather in front of the Ministry of Education on July 5, 2012. The aforementioned persons unfurled banners, made a racket, and refused to comply with the police's commands and guidance on the scene, causing serious disorder in the vicinity of the Ministry of Education’s front gate.

The aforementioned facts have been substantiated by the following evidence presented to and examined by the court in the hearing:

1. The “interrogation record” of Xu Zhiyong made by the Cultural Preservation Squad of the Beijing Municipal Public Security Bureau on 4 July 2012 shows that: Xu Zhiyong admitted that he had written on his Netease Weibo and Tencent Weibo on the evening of 3 July 2012 and 2pm on 4 July 2012 respectively: “Demonstrating outside the Ministry of Education at 9am on 5 July. Onlookers welcome.”, hoping that more people would go to surround and watch outside the Ministry of Education on 5 July. On the evening of 3 July, when Xu Zhiyong and over 20 parents of migrant children met, the parents proposed to petition on 5 July. Xu at that time suggested that more people should take part in the petition demonstration in order to draw a high level of government attention. He supported waving slogan-banners, staging sit-ins and walking.

2. The “Statement of Work” issued by the public security agencies shows that: The Beijing Municipal Public Security Bureau investigated opening a case on Xu Zhiyong on 1 November 2011. On 4 July 2012, the public security discovered that Xu Zhiyong posted on his Tencent Weibo that parents with non-Beijing residential status would petition the Ministry of Education on 5 July. In order to verify the information, the Cultural Defense Squad of the Beijing Municipal Public Security Bureau talked to Xu Zhiyong on the afternoon of 4 July and produced a record of their inquiry.

3. Witness Meng X's testimony shows that: Xu Zhyong organized the parents with non-Beijing residential status to petition outside the Ministry of Education at the end of each month. At the gathering on 3 July 2012, Xu Zhiyong primarily talked about how to mobilize the students’ parents to participate in the 5 July action. Xu Zhiyong suggested that parents who would take part in the action would first assemble inside the petition offices of the Ministry of Education and then march together to stand at the entrance of the Ministry. So long as many people were involved, It would definitely attract attention. At the scene on 5 July, it was quite chaotic and he got into an argument with police enforcing the law.

4. Witness Kong X’s testimony shows that: at the gathering before the action on 5 July 2012, Xu Zhiyong had the parents mobilize more people and said that the impact would be different if 100 or 1000 people went to participate in the action and that they must get more people. On 5 July 2012, several hundred parents assembled at the Petition Office of the Ministry of Education and subsequently marched from the Petition Office to the entrance of the Ministry of Education. At that time, some parents held banners and shouted slogans. They were subsequently stopped by the police.

5. Witness Shao X's testimony shows that: at 9:00 a.m. on July 5, 2012, Xu Zhiyong and around one hundred parents went to the Ministry of Education’s Petition Office to present the issues. Around noon, after their visit, the parents were stopped by the police when they passed the north gate of the Ministry of Education. Around 1:00 p.m., about 50 parents gathered on the east side of the north gate of the Ministry of Education. Some parents unfurled banners and shouted slogans.

6. Witness Sun X1’s testimony shows that: since 2011, a few people regularly gather in front of the Ministry of Education and display banners. Every time these people come security guards are tasked to appointed to do control and prevention work,, but these people simply do not heed the dissuasion. On July 5, 2012, there were over 200 people displaying banners and shouting slogans in front of the Ministry of Education. The security company sent over 100 people and police officers were also sent from Xicheng district. He was at the North gate for the entire day handling the situation.

7. Witness Sun X2's testimony shows that: around 9:00 a.m. on July 5, 2012, he was on duty at the Ministry of Education’s northern gate at which time there were petitioners slowly congregating at the northern gate. Around 1:00 p.m., security guards and police urged the petitioners to leave and not gather in front of the Ministry of Education disturbing the normal order at the front gate. But the petitioners did not heed the dissuasion; some raised banners and some cursed loudly at the gate, causing passers-by to gather and look on. Later, the police confiscated the banners and took two trouble-makers to a police substation for processing.

8. Witness Wang X1 and witness Hou X’s testimony is basically the same as that of witness Sun X2.

9. Witness Fei X and witness Cheng X’s testimony shows that: around 8:00 a.m. on July 5, 2012, the police were on duty at the Ministry of Education’s northern gate. Around 9:00 a.m., over 100 parents arrived one after another at the Ministry of Education’s Petition Office and did not leave until noon. Around 1:00 pm, over 50 petitioning parents gathered on the eastern side of the Ministry of Education’s northern gate, and some unfurled banners and began to shout slogans. When the police tried to stop them, many petitioning persons did not heed the dissuasion and frustrated the enforcement of law. One of the persons took photos with a mobile phone and loudly cursed the police. Then another person also took the lead in causing troubles. The police took both persons back to a police substation.

10. The “Notice of Collection of Evidence” and “Statement of Work” issued by the public security organs show that: The relevant content on Xu Zhiyong’s Tencent Weibo all came from the evidentiary CD obtained by public security organs from the Shenzhen Head Office of Tencent. To fix the evidence, the public security organs shifted that content to a paper hard-copy, and had Xu Zhiyong sign it during the course of interrogation.

11. Data from Xu Zhiyong's Tencent Weibo show that: On July 3 and 4, 2012, Xu Zhiyong published Tencent Weibo microblog posts which contained information about petitioning at the Ministry of Education at 9:00 a.m .on July 5 by New Beijing People and welcoming onlookers.

12. Video footage from the scene and the “Statement of Work” issued by the public security organs show that: video footage from the scene obtained by the public security organs from the Erlong Street Police Substation shows disorder at the scene, and that people at the scene resisted and obstructed law enforcement.

13. “Records of the on-scene investigation and examination” issued by the public security organs, on-scene pictures and photographs show that: the situation in the vicinity outside of the Ministry of Education’s north gate, the alleged crime scene, at No. 37, Damucang Hutong, Xicheng District.

14. Reply No. 56 (2014), “Beijing Municipal Planning Commission’s Letter Concerning Relevant Planning Situation for Land on which Units such as the Ministry of Education Sit”, issued by the Beijing Municipal Planning Commission shows that: Picai Hutong (municipal road) lies outside of the Ministry of Education’s north gate and is urban public land.

II. Together with Wang X2, Ding X (whose cases are being processed separately) et al., the defendant Xu Zhiyong exploited social issues of great public concern to organize, orchestrate and incite close to 100 people to gather on February 29, 2013, for an extended period of time in front of the Beijing Municipal Education Commission, where they refused to obey the police’s command and guidance, causing serious chaos to public order in the vicinity of the Beijing Municipal Education Commission’s front gate.

The aforementioned facts have been substantiated by the following evidence presented to and examined by the court in the hearing:

1. During the investigation stage, the defendant Xu Zhiyong stated that: leaflets for the activity ‘Take Leave for a Day on 2.28’ was distributed on February 25 so as to mobilize everyone to petition in front of the Beijing Municipal Education Commission on February 28. He found someone to produce the name cards and drafted the leaflet’s written content while the parents made the leaflets. He saw several people taking photos, [but] does not know who posted them on the Internet. Regarding the petitioning of the Beijing Municipal Education Commission on February 28, he not only distributed cards and also made appeals on Weibo. He recalled that when he brought up the ‘Take Leave for a Day on 2.28’ idea during discussion with about 20 or 30 parents, everyone agreed. Although he has already exerted considerable influence through media advocacy and online signature [campaigns], he believes public pressure generated by the media and the Internet is not enough. Assembly and petitioning are in fact methods to exert pressure to force education departments to introduce policies. This way of thinking is a double-edged sword, as it carries risks for he and parents who are active participants, as well as for social order.

2. Witness Wang X2's testimony shows that: in late January 2013, s/he met with Xu Zhiyong and Ding X at the UBC Coffee on Xueyuan Road. In the meeting, Xu Zhiyong said he would mobilize students’ parents to take a day off on February 28 and go petition the Beijing Municipal Education Commission. He also said he would himself go on the street and mobilize students’ parents to join. Xu Zhiyong wants s/he to publish this news on Weibo and wants more people to know and join this activity. S/he made one Weibo posting on February 2 in accordance with Xu Zhiyong’s recommendation.

3. Witness Ding X's testimony shows that: at noon on January 25, 2013, s/he, along with Xu Zhiyong, Sun X4, Wang X6, Li X3, Peng X, and Wang X2 had a gathering once at the UBC Coffee in the southeast corner of Baofusi Bridge. Peng X and Wang X2 arrived very late. Afterwards, Xu Zhiyong talked to Wang X2 alone and introduced him to the concept behind the “Take a Leave on 2.28” activity. On February 26 or 27, s/he used his own mobile (number: 1370xxxx609) and sent a short text message to over 100 friends that said “take a leave on February 28 to petition the Beijing Municipal Education Commission.”

4. Witness Peng X's testimony shows that: On January 25, 2013, s/he participated in a small group dinner at the UBC Coffee near the North Fourth Ring Road in Haidian District. About 13:00, Wang X6, Sun X4 et. al. left first, s/he recalled that those who remained included her/him, Xu Zhiyong, Ding X, Wang X2 and another person whose identity s/he could not remember. Xu Zhiyong stated that he wanted to organize students’ parents who do not hold Beijing household registration to take a one-day leave and gather in greater number to petition the Education Commission. Xu Zhiyong said he, through some key parents, has already contacted students’ parents in various districts and counties to take a one-day leave on February 28 to petition the Education Commission on February 28. Xu Zhiyong also asked everyone who can to post a lot on Weibo to publicize this petition activity, and specifically told Wang X2 that he wants Wang X2 to attract more people’s attention through publicity on Weibo so as to enlarge the scale of the petition. Wang X2 agreed to do so then.

5. Witness Meng X's testimony shows that: prior to February 28, 2013, Xu Zhiyong specially distributed business cards with information about the activity outside a subway entrance, and had drafted leaflets, the cards were done by Xu Zhiyong himself. In February at a meeting over a meal that s/he, Xu Zhiyong, Kong X, and Du XX participated in, Xu Ziyong said that he wanted to organize a large scale activity on February 28, and that if a large number of persons went, [the government would] introduce a policy.

At a dinner with parents in the evening of February 23, Xu Zhiyong stated he wrote a leaflet in order to let more people to know and support this activity. Kong X then indicated he can take charge of printing the leaflets, and Xu Zhiyong said he would send the leaflet to Meng X after finalizing the leaflet’s content, and 60,000 copies should be printed. Later on Xu Zhiyong emailed the leaflet’s electronic version to Meng X’s email address and the latter forwarded it to Kong X. After the leaflets were printed, Hu X telephoned Meng X to ask the latter to pay, and Meng X informed Lin X, who then transferred the payment from his bank account.

The “Identification Procedure Records” issued by the public security organs and a statement handwritten by Meng X show that: after being shown frontal, hatless photos of 10 different men for identification, Meng X pointed out that photo number 4 (Kong X) is the Kong X whom Xu Zhiyong contacted for printing of the leaflets.

The “Identification Procedure Records” issued by the public security organs show that: after being shown frontal, hatless photos of 10 different men for identification, Meng X pointed out that photo number 10 (Xu Zhiyong) is Xu Zhiyong.

6. Witness Kong X's testimony shows that: In mid-February, 2013, Xu Zhiyong organized a small gathering with her/him, Meng X, and Du XX. Xu Zhiyong said in the meeting that he wants even more people to join the activity and decided to organize a large-scale activity on February 28. Xu Zhiyong had distributed business cards for the “Take a Day Off on 2.28 to Petition In Front of the Ministry of Education” activity at subway entrances and drafted leaflets for the activity. When parents met in the evening of January 23, 2013, Xu Zhiyong said he wrote a leaflet to let more people know about this matter. The witness said s/he can help print [the leaflet]. Xu Zhiyong said that, as soon as he finalizes the leaflet, he would have Meng X transfer it to Kong X and have 60,000 copies printed. The next day, Meng X emailed Kong X an electronic version of the leaflet written by Xu Zhiyong. After receiving the electronic version, the witness contacted Hu X for production, and emailed Hu the electronic version of the leaflet. The witness had Hu X contact Ouyang X regarding specific operational issues. (After the police presented the evidence) Kong X confirmed that this leaflet and its content is exactly the same as the electronic version s/he saw with no differences.

7. The “Statement of Work” issued by the public security organs shows that: while questioning witness Kong X, the police showed the witness leaflets made by Kong X et al. at the behest of Xu Zhiyong, which the police obtained from the Langfang Hebei XX Printing Factory.

8. Witness Hu X's testimony shows that: at the end of January 2013, Kong X contacted the witness to produce a batch of leaflets and sent a sample of the leaflet via QQ. The witness then contacted a printing factory in Langfang, Hebei. The next day, Kong X made a bank transfer of more than 3000 yuan to the witness. The day following the payment, the printing factory delivered 60000 printed leaflets, and the witness telephoned Kong X, who told the witness to retain one box [of leaflets] for distribution. Kong X sent a driver to pick up the remaining [leaflets]. In the afternoon, Kong X’s driver took the leaflets.

Three separate "Identification Procedure Records" issued by the public security organs show that: after being shown frontal, hatless photos of 10 different women for identification, Hu X pointed out that the woman in photo number 3 in this set of photos (Meng X) participated in the dinner gathering at the Xiao Dou Hua restaurant in Daxing District in January 2013. After being shown frontal, hatless photos of 12 different men for identification, Hu X pointed out that the mann in photo number 8 in this set of photos (Xu Zhiyong) participated in the dinner gathering at the Xiao Dou Hua restaurant in Daxing District in January 2013. after being shown frontal, hatless photos of 12 different men for identification, Hu X pointed out that the man in photo number 8 in this set of photos (Kong X) participated in the dinner gathering at the Xiao Dou Hua restaurant in Daxing District in January 2013.

9. Witness Ouyang X's testimony shows that: On January 25, 2013, Kong X asked the witness to contact Hu X to receive the products. After the witness saw Hu X, Hu X moved 25 boxes of the products onto the witness's car. After receiving the products, the witness telephoned Kong X, who asked the witness to wait by the roadside on Zijinzhuangyuan Road at Suzhou Bridge. Around 12:10, after arriving at a place close to Zijinzhuangyuan, the witness had his car inspected by the police who took him to a police station. The witness agreed to cooperate with the work of public security organs and took the initiative to turn over the products.

10. Witness Zhu X's testimony shows that: on January 23, 2013, a man called Hu X telephoned and wanted to print 60,000 copies of a single page. On January 24, Hu X sent the CTP version [of the document] via QQ to the witness's factory, and then the witness made the order and started printing. On January 25 the printing was done and packaged, and a driver sent by Hu X took it away at noon on that day.

11. The leaflets confiscated by the public security organ show that: these leaflets contained content calling parents to take off from work on February 28 to petition at the Beijing Municipal Education Commission.

12. Witness Guo X's testimony shows that: around 18:00 one day at the end of February he was on duty at the Wudaokou subway station. While patrolling, he saw a man, standing at the station entrance, distributing business cards to passersby next to an advertisement board with blue background and white characters that bears the title “Take One Day off Work on February 28.” (Police showed Guo X a photo of Xu Zhiyong and the advertisement board) Guo X identified it was him.

13. Witness Zhang X1's testimony is basically the same as that of Guo X.

14. "Statement of Work" provided by the public security organ shows that: a photo of Xu Zhiyong distributing cards at the subway station came from overseas website Boxun.com. For more details, see Beijing Public Security (Internet Security) Survey (2013) "Work Log of Remote Inspection" No. 029. On November 1, 2013, police officers from Dongsheng police substation of Haidian Public Security Branch Bureau showed this photo to witnesses Guo X and Zhang x2.

15. Beijing Public Security (Internet Security) Survey (2013) "Work Log of Remote Inpection" No. 029 provided by the public security organ shows that: remote inspection of the overseas website Boxun.com found that photo of Xu Zhiyong distributing cards at the subway station.

16. The "Search Transcript," "Seizure List," hard disk photographs and the Hefei Municipal Public Security Electronic Inspection Record (2013) No. 16, "Report on the Inspection and Analysis of Electronic Evidence," issued by the Hefei municipal public security organs show that: Hefei municipal public security organs retrieved the aforementioned video.

17. Witness Zhang X3's testimony shows that: in February, 2013, having seen a photo of the blue-background-white-character advertisement board on which Xu Zhiyong's hand rests, he (or she) went to the Beijing Municipal Education Commission on February 28. He (or she) saw seventy or eighty some people gathered in front of the entrance of the Education Commission, and there were police officers on the scene maintaining order and persuading people.

18. Witness Wang X3's testimony shows that: he (or she) received a small card from a stranger on the subway about going to the municipal education commission on February 28 to solve the problem of children without Beijing household registration taking secondary school and college entrance exams in Beijing. He (or she) went at the time the card prescribed. There were about 200 people on the scene.

19. A photocopy of the "take a day off from work on February 28" card, confirmed and signed by Wang X3, shows that: Wang X3 confirmed that the card he (or she) received has the following words on it: "We are scheduled to petition at the Beijing Municipal Education Commission (North Fourth Ring Road Olympics Building) 9 am, February 28, 2013, and please come and watch" and Xu Zhiyong's name and contact information.

20. Witness Li X1's testimony shows that: in the afternoon of February 26, 2013, he (or she) received a leaflet in the subway, the message being about going to the education commission on February 28 to talk about the issue of students sitting in college entrance exams away from where their household registration is. Past 8 am on February 28, he (or she) went to Beijing Municipal Education Commission where he (or she) saw 100 or so people standing on the sidewalks, waiting to voice the issue. There were a lot of police officers on the scene to maintain order.

21. A photocopy of the leaflet confirmed and signed by Li X1 shows that: the leaflet calls for parents to take one day off from work on February 28 to petition at Beijing Municipal Education Commission.

22. The testimonies of witnesses Zhang X4, Cai X, Li X, Sun X3, Wang X, Yang X1, Tian X1, Tan X and others separately show that: the above witnesses participated in the February 28 affair.

23. Witness Yang X2's testimony shows that: At 7:00 a.m. on February 28, 2013, the police were deployed to the Beijing Municipal Education Commission. At approximately 9:00, people began to gather on the pavement of the side road outside the Beijing Municipal Education Commission's south gate. The police then proceeded to persuade them [to leave], but these people refuse to comply and continued to gather on the pavement of the Beijing Municipal Education Commission's south gate. Around 11:00am, the number of people who assembled reached 90 or so. These people stood on the pavement outside the Education Commission's south gate and created congestion. Because the crowd was quite large, cars on the North 4th Ring Road's side road all reduced their speed. Police first tied to persuade and disperse the parents, but they didn't heed the dissuasion and continued to remain outside the door of the Beijing Education Commission. Then, on the basis of the circumstances at the scene, the police guided away the parents to the service road for the east side college of the Beijing Municipal Education Commission. At about 2:00 P.M. the parents still did not leave and continued to assemble, the police took the parents who would not heed dissuasion away from the scene and had their local public security bureau's take them back for education and admonishment.

24. Witness Zhang X5 and witness Wang X4's testimony is basically the same as that of Yang X2’s.

25. The "Explanation Concerning the Situation of Parents of Migrant Children in the City Petitioning the Municipal Education Commission on February 28" issued by the Office of the Beijing Municipal Education Commission shows that: starting at 9:00 on February 28, 2013, over 90 people arrived in succession and gathered at the south gate of the Beijing Olympic Building, where the Municipal Education Commission's office is located. Around 11:40, six parents of migrant children came out from the gathered crowd and went to the Letters and Visits Room at the Municipal Education Commission (Beijing Olympic Building's north gate) while the rest of the crowd remained at the Municipal Education Commission's south gate. Some people even cursed at the staff, preventing the normal entry and exit by relevant Commission office workers and affecting normal business order. Around 13:40, there were still over 40 people who continued to gather outside the Municipal Education Commission's south gate, causing congestion on the North Ring's side road. After the police failed to persuade [them] after repeated attempts, public security organs took away the aforementioned persons.

26. The "Explanation of the Situation Concerning the Case Involving Parents with Non-Beijing Household Registration Gathering a Crowd to Disturb Order at a Pubic Place at the Municipal Education Commission on February 28, 2013" issued by the public security organs shows that: on February 28, 2013, the Public Security Bureau's Haidian Sub-Branch assigned 118 police officer to be on duty at the Beijing Municipal Education Commission located at Olympic Building on the North 4th Ring Road. Around 9:00am on February 28, some parents with non-Beijing household registration arrived in success at the Beijing Municipal Education Commission's south gate. Police at the scene immediately tried to disperse and dissolve [the crowd]. Through about 11:00, over 90 people visited. The gathering of parents with non-Beijing household registration caused congestion on the pedestrian pavement in front of the Municipal Education Commission and inconvenience to vehicles entering and leaving [the Commission]. At the dissuasion of the police, the parents without non-Beijing household registration elected five representatives who were received by Municipal Education Commission staff for dialogue. Other parents with non-Beijing household registration were moved orderly to the periphery where [the police] continued their dissuasion and dialogue. Around 2:00 p.m., the police persuaded 56 parents with non-Beijing household registration, who refused to heed the police's dissuasion and were unwilling to leave or board the police transport. They were transported to a diversion point, where they were inspected and had their details recorded. Later, under the coordination of the municipal bureau, the respective county sub-bureaus took back those parents with non-Beijing household registration who fall under their jurisdiction and further investigated, educated and admonished them before releasing them.

27. Witness Wang X5's testimony shows that: around 19:30 on February 26, 2013, the witness received a card distributed by a passenger in the subway which contains information about the petitioning of the Beijing Education Commission on February 28. Afterwards, the witness called '110' to report the problem. After reporting to the police, the witness gave the card to the police on duty at the police substation at Anheqiao North Station.

28. The "Take a Day Off on 2.28" card, confirmed and signed by Wang X5, shows that: the card contains information about the petitioning of the Beijing Municipal Education Commission at 9:00 on February 28 as well as Xu Zhiyong's name and contact information.

29. The "Statement of Work" issued by the public security organs shows that: on February 26, 2013, the police substation at Anheqiao North Station received an "110" call [check translation] from a man who indicated that someone was disseminating cards containing messages of "Take a Day Off on 2.28" in the area between Xidan Station and Xisi Station on Line 4 of the Subway. Afterwards, caller reported the case to the police substation at Anheqiao North Station and gave the card [he obtained] to the police.

28. The "'110' Police Call Center Records" issued by the public security organs show that: on February 26, 2013, Wang X5 reported to the police and said someone distributed cards (about "Take a Day Off on 2.28") in the Xidan Subway Station.

31. Photocopies of the cards and the "Statement of Work" issued by the public security organs show that: Wang X5 turned over the cards after he (or she) reported to the police. Because the cards are printed on both sides, and in order to adequately reflect the complete image of the cards, public security organs, when processing this case, photocopied the content on both sides of the card, attached the copy [to the case file] and used it in relevant work.

32. The "Statement of Work" issued by the public security organs and video footage from the scene show that: the footage taken at the scene on February 28, which public security organs obtained from the Haidian Sub-Branch of the Public Security Bureau, shows that the police persuading petitioners who gathered in front of the Beijing Municipal Education Commission. During the process, some persons resisted and obstructed the police from enforcing the law.

33. The "Records of the On-Scene Investigation and Examination" issued by the public security organs, on-scene pictures, and on-scene photographs show : the situation in the vicinity of the south gate of the Beijing Olympic Building at No. 267, North 4th Ring Middle Road in Haidian District, where the crime took place.

III. Between December 2012 and March 2013, the defendant Xu Zhiyong, along with Ding X, Li X3, Zhao X, Wang X6, Sun X4 (whose cases are being processed separately) et al., exploited social issues of great public concern to organize and orchestrate actions including the assembly of many persons in public places, display of banners, and distribution of leaflets. During this period, Xu Zhiyong, Ding X, Wang X6 et al. made banners, and Wang X6 in particular organized and incited Yuan X, Zhang X3, Hou X, Li X4 (whose cases are being processed separately) et. al. to take the following actions to gather a crowd to disturb order in a public place:

On January 27, 2013, Zhang X3, Yuan X, Li X4 et. al. displayed banners and took photographs near the south gate of Chaoyang Park in Chaoyang District, Beijing, and refused to obey the police who tried to stop them, causing disorder at the scene. Afterwards, Yuan X and Li X4 went to the west gate of Tsinghua University in Haidian District, Beijing, and continued to display banners and take photographs.

On February 23, 2013, Zhang X3, Yuan X, Ding X et. al. displayed banners and distributed leaflets in Zhongguancun Plaza in Haidian District, Beijing, attracting on-lookers. After the activities were completed on that day, Zhang X3, Yuan X, Ding X et. al. had a discussion and decided to continue the aforementioned activities. On February 24, Zhang X3, Yuan X, Li X4, Ding X et. al. went one after another to Hailong Building in Haidian District in Beijing, the Haidianhuangzhuang Subway Station, Peking University's east gate, Tsinghua University's west gate and other locations, and continued to display banners and distribute leaflets, attracting on-lookers. While the aforementioned persons were displaying banners at Tsinghua University's west gate, public security organs with jurisdiction over the location coordinated with Tsinghua University's security staff who manage security in the area to put a stop to the displaying of banners. The aforementioned persons refused to obey the management and had physical alteracation with the security staff, causing chaos to the order at the scene. Photographs and relevant information of the aforementioned actions were uploaded to the Internet.

On March 31, 2013, Zhang X3, Yuan X, and Hou X, in partnership with Ma X (whose case is being processed separately) et. al., displayed banners, distributed leaflets, made speeches using megaphones, and photographed and filmed the scene in the Xidan Cultural Square in Xicheng District, Beijing, causing on-lookers and chaos to the order at the scene, and they did not obey the police who were enforcing the law and handling [the situation]. Photographs and relevant information of these actions were uploaded to the Internet.

The aforementioned facts have been substantiated by the following evidence presented to and examined by the court in the hearing:

（I）Evidence verifying that the defendant Xu Zhiyong, Ding X and others organized and planned the activities described above.

1. Witness Sun X4's testimony shows that: on December 9, 2012, they began to openly collect signatures on the Internet. Once these activities commenced, it was decided a small-group gathering over a meal would be held every Friday at noon at UBC Coffee. All together eight, nine of these gatherings were held. The main participants were the witness, Xu Zhiyong, Ding X, Wang X6, Zhao X and Li X3. The objectives of these small-group meetings over a meal were to gather information in stages about the status of signature-collection and to think of ways to collect more signatures. When they ran into difficulty collecting signatures, Xu Zhiyong and Ding X proposed during a small-group dinner gathering the idea of displaying banners in public, taking photographs and uploading them to the Internet. Everyone agreed that it can be done. Xu Zhiyong and Ding X proposed using 公义积金 to pay for the banners. The witness later saw the details of the use of 公义积金 and indeed payments for the banners were record in the 公义积金 account. At the small-group lunch meeting at noon on January 25, Xu Zhiyong introduced Peng X and Wang X2 to the witness. At the meeting, they discussed the matter of displaying banners at Chaoyang Park's south gate on January 27, and confirmed that Wang X6 was specifically responsible for preparing banners and personnel for this activity.

2. Witness Ding X's testimony shows that: one week before December 9, 2012, the witness, along with Sun X4, Xu Zhiyong, and Wang X6 held a small-group meeting over a meal at UBC Coffee at Baofusi Bridge. This is the first of such small-scale meeting over a meal. At noon on January 25, 2013, the witness held a gathering at UBC Coffee on the southeast corner at Baofusi Bridge with Xu Zhiyong, Sun X4, Wang X6, Li X3, Zhao X, Peng X, and Wang X2. On that day [they] discussed the relatively low number of people who had participated and signed [the appeal], and Xu Zhyong proposed to go on the street to publicize [the activity]. Then [they] decided to display banners at Chaoyang Park's south gate in the afternoon on January 27. At the meeting, everyone also decided to take photographs during the activity and post them on Tencent and Sina Weibo in order to attract more people's attention. At that time, Wang X6 said he would go, and then they also discussed having Sun X4 take photographs. The witness, Xu Zhiyong and Wang X6 determined the banners' content, and Wang X6 produced the banners. During the activity, two batches of banners were supposedly made and Wang X6 coordinated their production. The funding was provided by Xu Zhiyong.

3. Witness Wang X6's testimony shows that: from the end of December 2012 to January 2013, a lunch meeting was held every Friday at noon at UBC Coffee. Participants included the witness, Xu Zhiyong, Ding X, Zhao X, Sun X4, and Li X3. Xu Zhiyong and Ding X talked about production and dissemination of the leaflets. Xu Zhiyong also proposed making banners, the content of which was collectively discussed at the small-scale meeting over a meal.

4. Witness Li X3's testimony shows that: because the outcome of the online signature-collection activity was not good, several of them discussed, over several small gatherings at UBC coffee in mid-January 2013, disseminating leaflets and displaying banners on the street. At the small gathering on January 25, they discussed displaying banners publicly in Chaoyang Park on January 27. Those participating in this gathering included the witness, Xu Zhiyong, Ding X, Wang X6, Sun X4, and Zhao X. It can be said that the display of banners at Chaoyang Park on January 27 was the result of collective consultation among these six people.

5. Witness Zhao X's testimony shows that: two small-group meetings over a meal were supposedly held before [they] went to display banners at Chaoyang Park. Participants in these two meetings included the witness, Xu Zhiyong, Ding X et. al. The main theme of the two meetings are the same, i.e. to prepare for the display of banners at Chaoyang Park. The witness said in these two meetings that in order to enhance impact, street actions should take place in public places with lots of people. There was no dissent on this point and everyone reached a consensus. The final decision was to display banners at Chaoyang Park, so everyone who participated in that meeting was an organizer and decision-maker in the incident of the displaying of banners at Chaoyang Park at the end of January.

6. Witness Wang X2's testimony shows that: he participated in the meeting at UBC Coffee on Xueyuan Road on the North 4th Ring Road in late January 2013, which was organized by Xu Zhiyong et. al. At the meeting, Xu Zhiyong told him that having citizens take to the street to display banners is a very meaningful action.

7. Witness Peng X's testimony shows that: around 12:00 on January 25, 2013, the witness had lunch at UBC Coffee at Baofusi Bridge on the North 4th Ring Road with Xu Zhiyong, Ding X, Zhao X, Li X3, Wang X6, Sun X4 et. al. During the meeting, they discussed the activities of displaying banners at Chaoyang Park on January 27. Ding X proposed that some people display banners while others take photographs, and that the photographs be posted online. They also mentioned that they would organize some people to spectate while the banners are being displayed.

8. Witness Lin X's testimony shows that: there is a 'Justice' MPF (Mandatory Provident Fund) account under Xu Zhiyong's name and the account is managed day-to-day by the witness. Every expenditure was decided by or authorized by Xu Zhiyong. There was a payment of 4950 yuan for production in March 2013, and the witness reimbursed Ding X for it.

9. The MPF account's March 2013 transaction details, signed and confirmed by Lin X, show that: 4950 yuan was spent on production that month.

10. The "Decision on Seizure" issued by the public security organ shows: the circumstances of seizing a computer from Lin X.

11. The "Statement of Work" provided by the public security organs shows that: Records of transaction details for the MPF were found on Lin X's computer and printed.

12. The Beijing Public Security (Internet Security) Survey (2013) No. 354 "Remote Inspection Work Log" provided by the public security organs shows that: The public security organs recovered the "Transaction Details for the General MPF Savings Account" from the internet.

13. The "Transaction Details for the 'Justice' MPF General Account" shows that: This account witnessed a withdrawal of 4950 RMB for the construction of the banner(s) in March of 2013.

14. The "Statement of Work" issued by the public security organs shows that: while officers handling this case were searching Wang X6's office in Room XX, Building No. XX, Courtyard No. XX, North 4th Ring Road West, Haidian District, Beijing, they found a white, plastic file packet inside a drawer of Wang X6's desk. [The file pocket] contains the originals of printed evidence of the banners' content, signed and confirmed by Wang X6 on April 29, 2013. Originals of these printed evidence are now temporarily stored at the 预审大队's evidence room at the Public Transportation Branch [of the Public Security Bureau]. The 65 banners shown in photographs in pages 7-24 in Document No. 83 in this case (evidential materials concerning banner production) were handed over by the Malianwa police substation of the Haidian Public Security Bureau, and they are now temporarily stored in the 预审大队's evidence room at the Public Transportation Branch.

15. The slip signed in affirmation by Wang X6 shows that: Ding X had him draft the content of the banners.

16. The "Inspection Record" , "List of Confiscated Items", "Decision of Seizure" and "Evidence Preservation List" issued by the public security organs shows that: the public security seized 45 banners and 2580 fliers from inside Wang X6's car in accordance with law.

17. The 'Statement of Case-handling " issued by the public security organs shows that: On February 23, 2013, the public security organs completed seizure formalities for 45 banners taken from Wang X6's care, and that later, Wang X6 actively handed over 20 more related banners that he had prepared in advance. Because the case was already closed, seizure formalities were not completed for these 20 banners.

18. Regarding the photos of banners unfurled at the scenes on February 23 and 24, and on March 31, as well as the banners seized from Wang X6, Wang X6 signed an affirmation that he was connected to the creation of all the banners in the photos.

19. Witness Duan X1's testimony shows that: one evening at the end of January, 2013, a man went to XX Photo Service Department managed by the witness and said he wanted to make banners. The witness agreed [to do it]. The man provided the banners' content and manufacturing specifications, and asked for 100 banners be made. After setting the type on the computer, the witness sent the images to a contractor who produces banners.

20. The "Statement of Work" issued by the public security organs shows that: when the police were questioning witness Duan X2, they showed the witness a color, printed headshot of Wang X6 and the witness said the person in the photograph is the one who made the banners.

21. Witness Liu X1's testimony shows that: one day before the Spring Festival at the end of January 2013, the manager of the XX Photo Service Department contacted the witness on QQ and asked the witness to make 100 banners.

22. Concerning the photographs showing banners being displayed on February 24 and March 31, 2013, Liu X1 signed and confirmed that he/she made all the banners captured in the photographs.

23. Witness Chen X's (also known as Chen XX) testimony shows that: the witness runs a photocopying store. One evening in February 2013, a man surnamed Wang went to the witness's store, placed an order for 65 banners, and provided the banners' content and specifications. The witness then found a contractor to make the banners in accordance with the requirements.

The "Identification Procedure Records" issued by the public security organs show that: after looking at 10 different hatless photographs, Chen X pointed out that hatless photograph no. 5 (Wang X6) was the man surnamed Wang who went to the witness's store and placed an order for 65 banners.

24. Witness Yu X's testimony shows that: in the morning on February 20, 2013, Chen XX asked the witness to make 65 banners.

25. Concerning the photographs showing banners being displayed on February 23 and 24, 2013, Yu X signed and confirmed that he/she made all the banners that were captured in the photographs.

26. Witness Hou X's testimony shows that: during a meeting over a meal on January 26, 2013, Wang X6 said he would go on the street to publicize [the activity], including through disseminating leaflets, displaying banners, and other methods, so as to enhance social impact. Wang X6 brought many leaflets to the meeting and distributed them to those who participated in the meeting.

27. Witness Zhang X3's testimony shows that: the first time the witness ever heard of [the idea of] displaying of banners on the street was on January 26, 2013, most likely when Wang X6 told the witness individually in the corridor of the restaurant where the meeting took place that there would be an activity in Chaoyang Park in the afternoon on the next day.

28. Witness Li X4's testimony shows that: it was Wang X6 who first proposed the idea of displaying banners on the street on January 27, 2013. Wang X6 made an appointment with the witness, discussed with the witness about this matter, and also gave the witness a ready-made banner for the latter to display. The witness displayed the banner at the Chaoyang Park's south gate on January 27.

29. The Beijing Public Security (Internet Security) Survey (2013) No. 090 "Remote Inspection Work Log" and related video [files] show that : The public security organs conducted a remote inspection of the international website boxun.com and discovered and recovered video(s) posted on January 27 2013. The content of this video is Wang X6 raising [the suggestion of] going onto the street and waving the banner(s) to the people at the January 26 small assembly.

（II）Evidence verifying conduct disturbing order in a public place on January 27, 2013

1. Witness Zhang X3's testimony shows that: on January 27, 2013, after arriving at Chaoyang Park's south gate, the witness saw Yuan X displaying a banner made from red clothe. The witness took several photographs of Yuan X. Uniform police later came over, and Yuan X ran westwards along the road. Afterwards, the witness walked to Chaoyang Park's south gate, and Yuan X came back. Several plain-clothed police and Yuan X scrambled for the banner. Yuan X and the police scrambled for quite a long time. Li X4 and Zhang XX blocked and prevented the police from taking Yuan X's banner while the witness took photographs on the side. There were other people taking photographs at that time.

2. Witness Yuan X's testimony shows that: around 14:00 on January 27, 2013, the witness displayed a banner he (or she) had prepared in advance on the street across from Chaoyang Park. Zhang X3 took photographs. There were 20 or so on-lookers at that time. After about five minutes, uniformed police rush to the scene and tried to put a stop [to the activity]. The witness ran towards the west on the street. After he returned to the area of the Chaoyang Park's south gate, the police wanted to confiscate the banners and a struggle occurred between him and the police, finally the police confiscated the banners. After this, he and Zhang XX took Li X4's care home, but when passing Tsinghua University's gate, he got out and unfurled a banner he had made himself, Zhang XX took his picture.

3. Witness Li X4's testimony shows : on the afternoon of January 27 2013, Li X4 drove to pick up Yuan X, and the two of them went to Chaoyang Park South Gate. Upon arriving, Yuan X went to the far end of the street and unfurled a homemade banner. When Yuan X and Zhang XX took up the banner and went to the South Gate they were discovered by plainclothes police, with whom they got into an argument. In the end the banner was confiscated. Then, Yuan X returned to the South Gate and continued waving the banner. At this time, five or six plainclothes police and [Chaoyang] Park security went to stop them and confiscate the banner. Yuan X argued with the police. [Li X4 and] Yuan X and Zhang XX went to the Tsinghua West Gate while on the way home. Yuan X waved the three or four banners they had prepared themselves and took pictures using their cell phone.

4. Witness Sun X4's testimony shows that: On the afternoon of January 27 2013 Sun X4, after going to Chaoyang Park South Gate, saw Yuan X pick up a banner on the other side of the street. Li X4 and Zhang XX prepared to open up the banner. Two plainclothes police came to stop them; they confiscated the banner and left. At this time, Yuan ran to the South Gate. Several plain-dressed people and three security personnel went and wrestled over the banner with Yuan X. Yuan X and [the security personnel] got into an argument. After January 27, Yuan informed everybody when he would do a local group dinner. Xu Zhiyong said he regretted they hadn't been able to finish. They also spoke at a small gathering at UBC Coffee about how they wanted to do banner activities again.

5. Witness Zhang XX's testimony regarding unfurling banners at the south gate of Chaoyang Park and the west gate of Tsinghua University is basically the same as the testimony of the witnesses described above.

6. Witness Wang X6's testimony shows that: Xu Zhingyong, Ding X, Sun X4, Zhao X, and Li X3 jointly discussed and decided with him

to go Chaoyang Park and unfurl banners and he was responsible for implementation. Then, he, Li X4 and Yuan X confirmed the specific time for the banner unfurling. He made the banners and he would give the banners to Li X4 of Yuan X. After January 27, Xu Zhiyong said that the police had made much ado about nothing and overreacted, and that [he] could continue to push.

7. Witness Ye X's testimony shows that: On January 27, 2013, he went to the south gate of Chaoyang Park and saw people tearing something at the bottom of the south gate's eastern stairs.

8. Witness Li X5's testimony shows that: On the morning of January 27, 2013, he and two security guards followed a police officer to work at the south gate of Chaoyang Park, and saw a man running to the plaza at the park's south gate, unfurling a banner, and shouting slogans. He saw this person causing a commotion in the public space and went forward to seize the banner. The other side argued with him, causing some people to gather around and watch.

The "Identification Procedure Record" issued by the public security organ shows that: upon conducting an identification of 12 frontal photographs of bareheaded men, Li X5 pointed out the man in photo no.9 (Yuan X) as the man unfurling banners.

9. Witnesses Pang X and Liu X2's testimony shows that: Around the afternoon of January 27, there was a man waving a banner and loudly shouting slogans in the south end of Chaoyang Park South Gate Square, attracting a crowd [around him]. Later, people from the Maizidian police substation went and confiscated the banner.

10. Witness Zhang X6's testimony shows that: On January 27 2013, Zhang X6 saw more than ten people assemble at Chaoyang Park South Gate Square. One man waved a red banner across from South Gate Square while loudly shouting slogans. Later, this man ran back to South Gate Square holding the banner, and his colleague attempted to stop him. The man's banner waving and slogan shouting attracted a large audience, leading to a breakdown of public order.

The "Indentification Procedure Record" provided by the public security organ shows that: In identifying ten frontal, hatless pictures of different men, Zhang X6 pointed out that number six (Yuan X) was the man who waved the banner and shouted slogans at Chaoyang Park South Gate Square

11. Witness Qin X's testimony and witness Zhang X6's testimony are basically the same.

The "Identification Procedure Record" provided provided by the public security organs shows that: upon conducting an identification based on 10 frontal, hatless photos of men, Qin X pointed out photo number 6 (Yuan X) , as the man who was unfurling banners and shouting slogans at the plaza of the south gate of Chaoyang Park on January 27, 2013.

12. Witness Chang X's testimony shows that: One day in January 2013, SunX4 gave him a text message saying that the south gate of Chaoyang Park would have an action. After he got there, he saw a man carrying a banner he was going to unfurl, several people ran over to stop him, the man resisted and struggled with the others for the banner, also shouting slogans. At this time people came over to watch, and Sun X4 was taking pictures at the time.

13. Witness Zhai X's testimony shows that: At midday on January 27, 2013, While patrolling the west gate of Tsinghua University, he discovered a man standing outside the west gate with several pieces of red cloth hanging from his chest and two people taking his picture.

14. The "Decision on Seizure", "Seizure List" and "Statement of Work" issued by the public security organ shows that: On May 4, 2013, Sun X4's Wife, Liu XX contacted the public security organ saying that she found Sun X4's notebook computrer, and police promptly went to Sun X4's house and seized one black Lenovo notebook computer.

15. The "Statement of Work" issued by the public security organs and the Ministry of Public Security's Physical evidence document No. 3092 (2013) "Physical Evidence Inspection Report", show that: on-scene photographs of the Chaoyang Park's south gate on January 27, 2013, come from Sun X4's laptop computer.

16. Photos from the scene of the crime show that: Yuan X unfurled banners at the south gate of Chaoyang park, and in the course of being stopped by police, Yuan X,and Li X4 resisted, obstructing law enforcement. Then, Yuan X again went to the west gate of Tsinghua University and unfurled banners.

17. The content of Sun X4's Sina microblog and Tencent microblog shows that: Sun X4 posted text and pictures related to the banner waving in Chaoyang Park on both Sina and Tencent microblogs.

18. Police law enforcement records show that: The circumstances of Yuan X and others unfurling banners and resisting and obstructing police enforcing the law.

（III）Evidence verifying conduct disturbing order in a public forum on February 23 and 24, 2013

1. Witness Zhang X 3’s testimony show that: On February 23 2013 at 3:00 p.m. at the Zhongguancun Park “Life” Statue, Yuan X raised the idea of removing their shirts and writing slogans on their bodies. Zhang, Yuan, and Zhou XX wrote on each other’s chests and backs. They unfurled two banners. Ding X took pictures and handed out leaflets to those [the masses] at the scene – about 30 to 40 people. As they were leaving some suggested returning the next afternoon to wave banners, and everyone agreed. The next day at 3:00pm, Zhang, along with Xu XX, Qi X, Li X, Ding X, Yuan X, and Cao XX walked from Zhongguancun Park to Zhongguancun E World, Haidian Huangzhuang subway station, Hailong Market and other places, carrying banners all along and handing out leaflets. They then took the subway to Beida East Gate and Tsinghua West Gate and continued to wave banners. Ding took pictures for them.

2. Witness Yuan X and Ding X’s testimony is basically the same as that of witness Zhang X3.

3. Witness Li X4’s testimony shows that: February 24 2013 at 3:00pm, Li and Ding X, Yuan X, Xu XX, Qi X, Zhang X3, Cao XX and others waved banners at Zhongguancun, handed out leaflets and then went to the Beida East Gate and Tsinghua West Gate continuing to wave banners. The Tsinghua West Gate security personnel did not let them wave banners in front of the gate, and they and the security personnel got into an argument, while Yuan and one guard got into a shoving match.

4. Witness Xu X and Qi X’s testimony both show the story of them, Li X4, Yuan X and others waving banners in the Zhongguancun area, at Beida East Gate and Tsinghua West Gate on February 24 2013.

5. Witness Huo X’s testimony shows that: February 24 2013, Huo and Yang X 3 were on shift at Tsinghua West Gate. At roughly 4:50pm, six men and one woman suddenly appeared and began waving banners in front of Tsinghua West Gate, handing out leaflets. The guards immediately went out to try to dissuade them, however they wouldn’t take heed. Later, Yang XX brought Zhang X 7, Shen X, Wang XX, and Zhai X to help. They didn’t take heed when the security personnel were trying to dissuade them from continuing, and [subsequently] got into a shoving match. At the time there were roughly 30 to 40 people watching, and the area was quite chaotic.

6. Witness Zhang X 7’s testimony shows that: On February 24 2013 at roughly 4:50pm, Huo X and Yang X3 discovered people waving banners while patrolling West Gate, and when they received orders, they brought Shen X, Wang XX, Zhai X to stop the people. They did not heed the dissuasion.

7. Witness Yang X 3’s testimony shows that: February 24 2013 at 5:00pm, Yang was standing guard at Tsinghua West Gate. At this time, five people came from across the street, raising banners up high in outside the West Gate of Tsinghua University. The security personnel went out to dissuade them to stop.

8. The evidentiary materials provided by the Public Security organ show that: the Beijing Municipal Public Security Bureau Cultural Preservation Unit, in protecting political stability and law and order, conducted guidance, supervision and inspection of Tsinghua University Security.

9. The evidentiary materials provided by Beijing Municipal Security Service General Company Wenan Branch show that : Huo X, Zhang X 7, Shen X, Yang X 3 were posted as security personnel with the Security Unit (保安队) at Tsinghua University Security.

10. The evidentiary materials provided by Tsinghua University Security show that: Huo X, Zhang X 7, Shen X, Yang X 3 work security for Beijing Municipal Security Service General Company, and from February 1 2013 to October 31 2013 provided services at Tsinghua University Security.

11. The evidentiary materials provided by Tsinghua Security show that: Every day in the course of regular work there are lined up a number of security personnel cooperating with the public security organs to maintain daily order at the Tsinghua West Gate and its surrounding road and public areas.

12. The “Statement of Work” provided by the public security organs show that: The Haidian Qinglong Bridge Local Police Substation is responsible for the management of daily order for Tsinghua West Gate and the surrounding public space. They coordinate with the security personnel from Tsinghua University Security to assist in daily security management work. When on occasion the Tsinghua security personnel would call the police, it was this substation that would respond.

13. The “Inspection Permit,” “Record of Inspection,” “Decision on Seizure,” “Seizure List,” and pictures provided by the public security organs show that: The police inspected Li X 3’s residence at Beijing, Haidian, XX Park, XX Building, XX Room and seized a Lenovo laptop.

14. The “Statement of Work” provided by the public security organs and the Public Security Bureau's Physical Evidence Document No. 3097 “Physical Evidence Inspection Report” show that: the pictures of the scene from Feburary 23 2013 originate from Li X 3’s laptop.

15. Pictures from the scene show that: February 23 and 24 2013, Zhang X 3, Yuan X, Zhou XX and others, shirtless, waved banners and handed out leaflets at Zhongguancun Plaza.

16. The surveillance tape from the scene shows that: The surveillance tape from Zhongguancun Park southeast corner shows the banners being waved on February 24 2013; the surveillance tape from Tsinghua West Gate shows the banners being waved and the [aforementioned] argument and shoving on February 24.

17. The “Record of Investigation and Examination from the Scene” provided by the public security organs and the photographs shows that: The scene [of the events in question] was Beijing, Haidian, Tsinghua Park West Gate, north-south along Zhongguancun Beida Street, and going west along Tsinghua West Road, north to Tsinghua Park West Gate.

18. The Beijing Public Security (Internet Security) Survey (2013) No. 327 “Remote Inspection Work Log” provided by the public security organs shows that: the public security organs conducted a remote inspection online and recovered images and materials relevant to the banner waving [activities] on February 23 and 24 from the Tencent microblog of ‘Lawyer Ding X’.

19. Reply No. 56 [2014], “Beijing Municipal Planning Commission’s Letter Concerning the Situation of Plans Relevant to the Lands Occupied by the Ministry of Education and Other Work Units” provided by the Beijing Municipal Planning Commission show that: The land across from the outside of Tsinghua West Gate is zoned (规划为) as a city street and is classified as public urban land.

(4) Evidence Verifying Conduct Amounting to Gathering Crowds to Disturb Public Order

1. Witness Yuan X's testimony shows that: On March 31 2013 at 2:00pm, Yuan X brought a megaphone, banner and other materials prepared in advance to Xidan Cultural Square. Yuan was responsible for speaking, Ma X and Zhang X3 were responsible for waving the banner, and Hou X was responsible for taking pictures. They waved the flag for 10 to 20 minutes before the police arrived and stopped them. They argued and got into a dispute with the police.

2. The testimony of witnesses Hou X, Zhang X3, Ma X, Zhang X8 is basically the same as that of Yuan X.

3. Witness Wang X6's testimony shows that: the banner waving on March 31 2013 and the banner waving on January 27 were related. They were both part of their activities. During a small assembly, they and Xu Zhiyong, Ding X, Zhao X, Sun X4, and Li X3 mentioned that the activities would not stop until they reached national legislation.

4. Witness Sun X4's testimony shows that: After February 28, the signature drive had ended, but the activities had not. All of the core members approved and supported continuing to wave banners, and didn't look into stopping waving banners. Nobody at all expressed or clearly opposed taking to to the streets with banners.

5. Yan X's testimony shows that: On March 31 2013 at 3:40 p.m., Yan X saw 40 or more people assembling around the northern stairs of the Cultural Square. Afterward Yan X heard their coworker Zhang X9 speaking. There were people waving banners on top of the Xidan Cultural Square staircase and others speaking in front of the banners.

6. The testimony of Zhang X9 shows that: at about 3:00 p.m. on March 31, 2013, he saw that there were a number of people at Xidan Cultural Square gathered in the center of the plaza watching something, and that several people were standing in the middle of the crowd, one person was gesticulating and speaking and four people were holding 2 banners. The number of people nearby kept increasing. Then the police took several people away in the police car.

7. The testimony of witness Kang shows that: On March 31, 2013, security guards at the north watchtower of Xidan Cultural Square discovered 4 men unfurling 2 banners and 1 man with a headset making a loud speech. The security guards went to stop them and have the other side put away the banners, but they wouldn't put them away. Then the security guards called the Xidan Avenue police substation, and after the police arrived, the security guards assisted the police in having the others get in the police care to be taken back to the substation. At the time there were about 50-60 onlookers gathered at the scene.

8. The testimony of witnesses Li X6 and Ping X is basically the same as the testimony of Kang X.

9. The testimony of witness Lu shows that: At about 3:00 p.m. on March 31, 2013, while he and his co-worker Xu X were patrolling Xidan district, they received a call from the duty office saying that someone was in the Xidan Cultural Square unfurling banners and making speeches. After becoming aware of this situation, they immediately raced to the scene and discovered two men on a stairwell of the Xidan Cultural Square holding banners, and another man carrying a megaphone with a book hung on his chest, making speeches to the onlooking crowd. There was also a woman holding a camera and taking pictures. At the time a crowd of about 200 had gathered. After presenting their work identification to these 4 persons, they informed them that their acts were conduct disturbing the order in a public venue, and requested that they immediately gather up the banners and stop the speeches. After the two men holding banners gathered them up, the person making speeches still did not stop and entirely disregarded the dissuasions. At this time Tian X2 also arrived at the scene to stop the speech maker, but this man continued to disregard the dissuasions. When Tian X2 requested to view his identification, the man was quite contrary. Seeing that dissuasion was no use, they orally summoned the others to the police substation for interrogation, but the others paid no heed, so they took the four men away forcefully.

10. The testimony of witnesses Xu X and Tian X2 is basically the same as that of witness Lu.

11. The "Inspection Warrant", "Search Record" , "Decision on Seizure", "Seizure List" and photographs issued by the public security organ show that: Police conducted a search of Li X3's residence, in Apartment No. XX, Building No. XX, XX Garden, Haidian District, Beijing, and then seized one Lenovo notebook computer.

12. The "Explanation of Photograph collection" issued by the public security organ and the Ministry of Public Security's Physical Evidence Document No. 3097 (2013) "Physical Evidence Inspection Report" show that: Photos from the scene of the crime on March 31, 2013 come from Li X3's notebook computer.

13. On-scene photos show that: The circumstances of Yuan X and others unfurling banners, making speeches and resisting law enforcement on March 31, 2013.

14. On-scene surveillance video and police law-enforcement videos show that: Yuan X, Zhang X, Hou X and others unfurled batters, made speeches, took photos and obstructed and resisted police law enforcement at the scene.

15. Video recordings show that: Xu Zhiyong, Zhang X and others held a meeting in a hotel room in Hefei, making statements saying that he was aware of and expressed support for the actions of Yuan X and others in Xidan Cultural Plaza on March 31, 2013.

16. The "Search Transcript," "Seizure List," hard disk photographs and the Hefei Municipal Public Security Electronic Inspection Record (2013) No. 16, "Report on the Inspection and Analysis of Electronic Evidence," issued by the Hefei municipal public security organs show that: Hefei municipal public security organs retrieved the aforementioned video.

17. The "Statement of Work" provided by the public security organs shows that: In December 2013 Beijing City public security organs retrieved the Li XX case video files from the Hefei Municipal PSB. These video files were taken from the detained Sun X's external hard drive.

18.The Beijing Public Security (Internet Security) Survey (2013) No. 078 and Beijing Public Security (Internet Security) Survey (2013) No. 290 "Remote Inspection Work Log" provided by the public security organs show that: the public security organs conducted a remote inspection of the foreign domains of boxun.com and voachinese.com and found documents relating to the March 31 2013 incident at the Xidan Cultural Square.

19. The "Record of Contraband Retrieval", "Decision on Seizure" , "Seizure List" and photos of physical evidence show that: On March 31, 2013, after police captured Yuan X, Zhang X3, HouX et al, a megaphone used by Yuan X in making speeches, a copy of the "Nanjing Massacre" and a red banner were take and confiscated from Yuan X. From Zhang X3's personal items, the 3 banners in his possession were collected and seized. From Ma X's personal items, the 5 banners in his possession were collected and seized.

The prosecuting organs presented the following evidence at court, which this court has verified:

1. The “written decision on case filing” issued by the public security organs show that: The Beijing Municipal Public Security Bureau decided to file and investigate Xu Zhiyong’s case on November 1, 2011.

2. The “Permanent Resident Population Information” issued by the public security organs as well as the “Explanation of Xu Zhiyong’s Basic Circumstance” provided by Beijing University of Posts and Telecommunications’ Humanities Department show: Xu Zhiyong’s identify.

3. The “record of appearance”, “detention warrant” and “arrest warrant” issued by the public security organs show that: On July 16, 2013 at 10:00 a.m., police criminally summoned Xu Zhiyong, in accordance with law, to the Beijing Municipal Public Security Bureau’s Public Transportation Safety Bureau. Xu Zhiyong was criminally detained on the same day, and was formally arrested on August 22 of the same year.

4. The “Intake Health Inspection Form” issued by the Beijing Number 3 Detention Center shows that: Xu Zhiyong was in normal health upon entering the center.

5. The “Statement of Work” issued by the public security organs shows that: In the materials from the case file of the Xu Zhiyong case, the content of photocopies of files copied respectively from the cases of Ding X, Zhao X, Li X, Hou X and others are the same as the original files.

The defendant and his defender have not submitted any new evidence at court, nor have they submitted requests for witnesses to appear in court.

As for the objections on jurisdiction and separate trials raised by the defendant and his defender at the pretrial conference, upon review, the facts of this case involve areas such as Beijing’s Haidian district, Chaoyang District and Xicheng District which fall within the jurisdiction of different court’s jurisdictions. After the Beijing Municipal People’s Procuratorate First Branch submitted an indictment for the Xu Zhiyong case in this court, the Beijing Municipal High Court followed Article 26 of the “Criminal Procedure Law of the PRC” to designate this court as having jurisdiction. As the prosecuting agency had clearly indicated the charged facts in the indictment, and case file materials and evidence were attached, meeting the requirements of article 181 of the “Criminal Procedure Law of the PRC, this court lawfully accepted the case and tried it at court. As for whether whether cases of joint crimes are joined and tried together, the people’s court, people’s procuratorate, and public security organ may all make the determination within the scope of their own professional duties. The objection raised by the defendant and his defender as described above cannot be sustained and is not supported by this court.

As for the motives that the defendant Xu Zhiyong described during the final statement phase of the trial, as well as his opinion that individual participants on the scene were emotionally worked up, and other causal factors, upon review, all people have the right to express themselves, but this right should be exercised within the scope of the law. Xu Zhiyong, clearly knowing that organizing, contriving and inciting an unspecified number of people to gather in a public place at the same time to express some kind of demand and unfurl banners would cause the public to look on, and could easily cause the disturbance of order in a public place and create a situation where law enforcement is resisted, still organized even more people to come to the scene through various methods, and did not take any effective measures to avoid disorder. As the principle party gathering crowds, Xu Zhiyong should bear criminal responsibility for participant's conduct that directly caused the the disturbance of order.

This court finds that the defendant Xu Zhiyong disregarded the law’s regulation of citizens’ proper exercise of rights, and exploited social issues of great public concern to repeatedly organize and plan the congregation of many people and unfurling of banners in the areas surrounding government organs, successful business strips, areas with heavy pedestrian traffic and other public venues, resisting and obstructing public security administration personnel in the lawful performance of their duties, disturbing the order of a public place, with serious circumstances. Xu Zhiyong was the ringleader, and his conduct already constitutes the crime of gathering a crowd to disturb order in a public place, to be punished in accordance with law. The facts are clear and the evidence reliable and sufficient for the first branch of the Beijing Municipal Procuratorate's charges that the defendant Xu Zhiyong committed the crime of gathering a crowd to disturb order in a public place, the charged offense is established. The following judgment is made based on the facts of Xu Zhiyong's case, the character and circumstances of the crime, and the degree of harm to society, and in accordance with the provisions of articles 291, 251, 261 and 47 of"The Criminal Law of the PRC":

Defendant Xu Zhiyong has committed the crime of gathering a crowd to disturb order in a public place. He is sentenced to a fixed-term imprisonment of four years.

(The prison term is calculated from the date that the judgment is executed. Any detention preceding the execution of the judgment shall be subtracted from the prison term, one day off per day of the detention. The term is thus from July 16, 2013, to July 15, 2017. ）

If [the defendant] does not accept this verdict, [he] can submit an appeal through this court or directly to the Beijing Municipal High People’s Court within ten days of the second day after receiving this verdict. In the case of a written appeal, one original and two duplicate copies should be submitted.

Chief Judge: Sun Qinghong
Deputy Judge: Zhang Peng
People’s Assessor: Hong Xiaoda
January 26, 2014
Clerk Geng Dawei
Clerk Pan Mengmeng