Huhhot Municipal Intermediate People's Court's verdict on Hada, Tegexi's Trial

Huhehaote ( Huhhot ) Municipal Intermediate People's Court

A Criminal Court Verdict

(1996) HCI No. 87

Prosecution Unit: Huhehaote ( Huhhot ) Municipal People' Procuratorate.

Defendant: Hada (Hadaa in Mongol) , male, at the age of forty-one, Mongol, graduate, from Keerchin Youyi Qianqi ( Horchin Right Wing Front Banner ), Inner Mongolia, self-employed, living at Room No.5, Unit 2, 2nd Building, Inner Mongolia Merchant School Living Complex, Xin Cheng District ( New-City District), City of Huhehaote ( Huhhot ). He was detained for probation of this case by Inner Mongolia Public Security Bureau in December 11, 1995, and has been arrested in March 9, 1996, now being jailed at Inner Mongolia Public Security Bureau.

Defending Attorneys: Feng Wang, an attorney from Inner Mongolia Zheng Da Law Firm. Zhu Ding, a legal consultant for Inner Mongolia Number One Machinery Plant ( Brother of Hada's wife).

Defendant: Tegexi ( Tegshii in Mongol), male, at the age of thirty, Mongol, graduate, from Keerchin Zuoyi Houqi (Horchin Left Wing Rear Banner), Inner Mongolia, a cadre (government official) of Foreign Affairs Office, the People's Government of Inner Mongolia Autonomous Region, living at Room No. 12, Unit 12, 3rd Tongjian Building, Gongan Xiao Qu (Gong-An Sub-district) , Xincheng District ( New-City district), City of Huhehaote ( Huhhot ). He was detained for probation of this case by Inner Mongolia Public Security Bureau, and has been arrested in March 9, 1996, now being jailed at Inner Mongolia Public Security Bureau.

Defending Attorney: Xiangxiang Wen, an attorney from Huhehaote ( Huhhot) branch of Xiangyu Law Firm at Bayannor Alliance , Inner Mongolia.

In August 19, 1996, Huhehaote (Huhhot) Municipal People's Procuratorate, according to the conspiracy crime to subvert the government and separate the country, the crime of stealing and revealing the information, and the crime of organizing and leading the counter-revolutionary organization by defendant, Hada ( Hadaa ) ; and according to the conspiracy crime to subvert the government and separate the country, the crime of organizing and leading the counter-revolutionary organization, and revealing the country's secret by defendant, Tegexi (Tegshii), took legal proceedings against the defendants at the court. After the court took the case, it organized a collegiate bench and opened a court session to hear the case without opening to the public. Procurator, Hu Chen, and Acting Procurator, Ayunga, of Huhehaote (Huhhot) Municipal People's Procuratorate, attended the court and supported the public prosecution. Defendants, Hada (Hadaa) and Tegexi (Tegshii), and their defending attorneys, Feng Wang, Ding Zhu, and Xiangxiang Wen, all attended the collegiate bench, the judicial committee discussed the case and decided that the hearing has been finished.

The indictment of Huhehaote (Huhhot) Municipal People's Procuratorate has charged that Defendant, Hada, had planned and organized "Southern Mongolia Democratic Alliance" which was a counter-revolutionary organization for the purpose to subvert the government, and to separate the country. He had written some articles of which the contents were about the subversion of the government and separation of the country, organized the members to study, and published some illegal publication. He had also provided and sold some secret documents of the country to some foreign agents. All these of his acts have constituted the crimes to subvert the government, separate the country, steal and provide information for the enemy, and organize and lead the counter-revolutionary organization. Defendant, Tegexi (Tegshii), was active in organizing the reactionary organization, and took advantage of his job and stole the country's secrets. His acts have constituted the crimes to subvert the government, separate the country, organize and lead the counter-revolutionary organization, and reveal the country's secrets. Defendant, Hada (Hadaa), confessed everything charged on him at the initial hearing by the Public Security Bureau. At the court hearing, he defended himself that there was no such fact that he provided and sold the country's secret documents to the foreign agents and although he organized and led "Southern Mongolia Democratic Alliance", the Alliance was not a reactionary organization. His defending attorneys pointed out that the criminal subjects who plot to subvert the government and separate the country should be the conspirators or the ambitious persons who have the important powers in the party, the government, and the military. Hada (Hadaa) was only a self-employed person who could not be constituted as a criminal subject of these kind crimes. They also defended that there was not enough evidence to prove that Hada (Hadaa) provided the country's secret documents to the information agency of Mongolia. Defendant, Tegexi (Tegshii), confessed everything charged on him, but he defended that he was only an ordinary participant/member instead of an organizer or a leader, and he himself had no intention to subvert the government and separate the country, which could not constitute the crimes to subvert the government and separate the country. His defending attorney defended him based on the similar reasons.

It is verified after the investigation that the defendants, Hada (Hadaa) and Tegexi (Tegshii), were active in organizing "Mongolia Culture Salvation Organization" and became the core members of this organization. Later this organization was renamed as "Mongolia Culture Enlightenment Organization." In May 25, 1992, this organization called for its first central conference at which "The Organizational Regulations of South Mongolia Democratic Alliance" and "The Constitution of Mongolia Democratic Alliance in Inner Mongolia" written by Hada (Hadaa) was passed. Then "Mongolia Culture Enlightenment Organization" was formally renamed as "Southern Mongolia Democratic Alliance" and Hada (Hadaa) became the chairman. In September 4, 1994, it called for the second central conference and amended some of the previsions of "The Regulations of Southern Mongolia Democratic Alliance" and Hada (Hadaa) again became the chairman. Hada (Hadaa) assigned Tegexi (Tegshii) as the vice chairman. After the conference, they began to publish the illegal publication named "The Sound of Southern Mongolia." Hada (Hadaa) himself wrote some articles to advocate the ideas of national separatism. In this period of time, they set up three sessions of political training classes. There were about 30 persons who attended the classes, and about 40 persons were recruited. In August 23, 1995, "Southern Mongolia Democratic Alliance" held the third central conference at which some of the regulations and previsions of the constitution were amended, and Hada (Hadaa) was elected as the chairman through secret ballot. Also, a central executive committee was set up and Hada (Hadaa) was one of the members of the committee. In August 28, 1995, the central committee held its first meeting at which the structure and work divisions of the committee were decided, and the leaders of its departments and branches were also assigned. Tegexi (Tegshii) was assigned as the director of the Propaganda Department. After the amendments, "The Constitution of Southern Mongolia Democratic Alliance" demonstrates:

"1. The nature of the Alliance:
a secret organization to fight against the Han (Chinese) colonial rule, and to achieve self-independence, freedom, and democracy for Southern Mongolia;

2. Guiding ideology:
democracy, human rights, national independence;

3. Fighting goals:
short term --- by using peaceful means to establish the democratic and autonomous country of South Mongolia, long term --- reunite with Mongolia;

4. Present tasks:
a. to try all means to publicize the theory of separation,
b. on this base, to recruit more people with such consciousness."

In order to entirely and systematically demonstrate his idea of national separatism, the defendant, Hada (Hadaa), also wrote a book named "The Way Out for Inner Mongolia." In this book, Hada (Hadaa) wrote:

"there is no difference between that Han people came into Inner Mongolia and that the Japanese came into China" ,

"to divide out a part of the land from 1,180,000 square kilometer land of Inner Mongolia and set up a real Mongolia autonomous country there," and

"to fight with all efforts against the Han rulers decisively and thoroughly till their cruel and ferocious rule is overthrown thoroughly."

In order to achieve their goal to separate the country, the defendants, Hada (Hadaa) and Tegexi (Tegshii) , were active in contacting certain agents of Mongolia. Through Tegexi's (Tegshii’s) contacts, Hada (Hadaa) set some connections with the information agency of Mongolia. He reported the information about the organization and membership of "Southern Mongolia Democratic Alliance" and requested their support for the organization. When he went to Mongolia for the second time, the defendant, Hada (Hadaa) , sold a copy of the secret document, "NDBFD (1994) No. 13 of the Communist Party Committee of Inner Mongolia", to the information agent of Mongolia for $1000. The document was published on some news papers and periodicals of some foreign countries, which caused very bad political influence internationally.

The above-mentioned facts of crimes are based on the evidences of witness, documents, materials, and the identified proof investigated by the Public Security Bureau of Inner Mongolia. And the defendants have also confessed. So, the facts are clear, and the evidences are enough, conclusive, and confirmed.

The court considers that the defendant, Hada (Hadaa) , organized and led "Southern Mongolia Democratic Alliance," a reactionary organization for the purpose to separate the country, which constituted the crime to separate the country; his act of selling the secret document to the foreign information agency also constituted the crime of espionage. The defendant, Tegexi (Tegshii), provided some internal information and materials. Although, this is an act of revealing the country's secrets, it can not be constituted as the crime of revealing the country's secrets.

The facts used to charge the criminals are clear. But some of the crimes may not be appropriate. Some of the defending opinions by the defending attorneys are tenable and can be accepted. In order to defend the country's sovereignty, integrity of land, and security, to defend the common interests of all nationalities, to consolidate the power of people's democratic dictatorship, and to fight against any crimes to endanger the country's security by the criminals, according to Article No.92, Item No.1 of Article No.97, Clause No.1 of Article No.51, Article No.52, and Article No.64 of "The Criminal Law of the People's Republic of China," the verdicts are as the following:

The defendant, Hada (Hadaa), committed the crime to separate the country. He is sentenced to 12 years' imprisonment and deprived his political rights for 4 years. As for his crime of espionage, he is sentenced to 10 years' imprisonment and deprived his political rights for 3 years. It is decided to be executed as 15 years' imprisonment and to deprive his political rights for 4 years.

The defendant, Tegexi (Tegshii), committed the crime to separate the country. He is sentenced to 10 year's imprisonment and deprived his political rights for 3 years.

If they plead not guilty, they can appeal to The Inner Mongolia People's Supreme Court directly or through this court on the next day after they receive the verdicts within 10 days. The written appeal should be submitted with one original and two duplicates.

Judge: Jianjun Yan

Judicial Officer: Cai Xia Gong

Judicial Officer: Pu Hui Li

Clerk of the Court: Jing Bo Liu

November 11, 1996

(Stamp of the Huhehaote ( Huhhot ) Municipal Intermediate People's Court )