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to persons outside the country. On 17 August 2003, in Dachengzi township,
in the Miyun district of Beijing, he was taken in and questioned by the police
for participating in an unlawful activity. On that same day, Liu gathered
together relevant information about the event and set it out in documentary
form and, with Zhang’s help, transmitted it by email to persons outside the
country. Following appraisal by the State secrets office, the materials referred
to above were deemed to be State intelligence.
The Hangzhou city people’s intermediate court determined that the conduct
of the three persons in question constituted the offence of espionage for a
foreign power and the divulging of State intelligence and, on 6 August 2004,
passed verdict at first instance, sentencing Liu to three years’ fixed term
imprisonment and stripping him of his political rights for three years;
sentencing Xu to two years’ fixed term imprisonment and stripping him of
his political rights for two years; and sentencing Zhang to one years’ fixed
term imprisonment and stripping him of his political rights for one year.
After judgement was passed, Liu and Xu both filed appeals. Zhang accepted
the judgement and did not file an appeal. He was released on 7 February
2005 on completion of his sentence.
After hearing the case at second instance, the Zhejiang high court found that
the original judgement had been based on clear facts, the legal provisions
applied were correct, the sentence was commensurate with the offence and
the trial proceedings had been in accordance with due process and, on 13
September 2004, the court ruled that the appeal brought by Liu and Xu
should be dismissed and that the original judgement should stand.
Huo Junlong, Zhang Zhenqian and others
On 6 August 2004, Huo held a training session for underground priests in
Quyang county and, after he and the others had been duly admonished by
officials of the religious affairs bureau, they were ordered to disperse
voluntarily. The public security authorities did not intervene in this matter,
nor were any restrictive measures taken against him.
Luo Bingyin and others
Since 2003, without obtaining industrial, commercial or tax registration, Luo
has unlawfully printed some 20,000 copies of publications, reproduced many
thousands of leaflets and marketed these among the general public, swiftly
amassing immense profits. In view of the large quantities involved, he
breached the provisions of article 225 of the Chinese Criminal Code, on
unlawful business operations. On 2 September 2004, the Fuyang city public
security authorities, acting in accordance with the Chinese Criminal Code
and the Chinese Code of Criminal Procedure, took Luo into criminal
detention; on 1 October, following approval by the procurator’s office, Luo
was arrested; on 29 November the case was referred to the prosecution
service for the institution of legal proceedings. According to our
understanding, the Xinjiang public security authorities have not taken any
restrictive measures against Zhao Xinliang and the five other persons.