Municipal Intermediate People's Court's verdict on Hada,
Huhehaote ( Huhhot ) Municipal Intermediate People's Court
A Criminal Court Verdict
(1996) HCI No. 87
Prosecution Unit: Huhehaote ( Huhhot ) Municipal People'
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
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
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"
"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
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
(Tegshiis) 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
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
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 )