Leaked Top Secret PLA Court-Martial: Gen. Xu Qinxian Tried for Refusing Tiananmen Crackdown- Full Verbatim Transcript(Part 1)

[Note: This English transcript with speakers is compiled based on the Chinese verbatim court record of the trial of General Xu Qinxian for “the crime of disobeying a martial law order.”  The video indicates that the trial took place on March 17, 1990.]

[The Chinese version of the transcript of the entire 6-hour trial is here.)

(Court bell rings)

Clerk Zhao Yonghai: Public prosecutors and defense counsel, enter the courtroom. Presiding judge and judges, enter the courtroom. 

Report to the presiding judge: the public prosecutors and defense counsel have entered the courtroom. 

The defendant has been escorted to the waiting room to await trial. Preparations for the opening of the court are complete.

Presiding Judge Wei Shibin: The Military Court of the Beijing Military Region of the Chinese People’s Liberation Army is now in session. 

Summon the defendant Xu Qinxian into the courtroom!

(The defendant Xu Qinxian is escorted into the courtroom by three soldiers and stands at the defendant’s seat)

Presiding Judge Wei Shibin: The Military Court of the Beijing Military Region, in accordance with Notice No. 11 (1989) issued under reference “Jun Jian Fa Zi” by the Military Court and the Military Procuratorate of the Chinese People’s Liberation Army, and pursuant to Article 111 of the Criminal Procedure Law of the People’s Republic of China, now conducts a non-public trial of the defendant Xu Qinxian, against whom the Military Procuratorate of the Beijing Military Region has instituted a public prosecution in the case of disobeying a martial law order. The reason for a non-public trial is that this case involves state secrets.

Judge Feng Zhaoshan: Defendant Xu Qinxian. 

Xu Qinxian: Present!

Judge Feng Zhaoshan: Sit down. Do you have any other names?

Xu Qinxian: No.

Judge Feng Zhaoshan: How old are you this year?

Xu Qinxian: 55.

Judge Feng Zhaoshan: In what year and month were you born?

Xu Qinxian: August 1935.

Judge Feng Zhaoshan: What is your ethnic group?

Xu Qinxian: Han.

Judge Feng Zhaoshan: What is your native place?

Xu Qinxian: My native place counts as Shenyang, Liaoning. I was born in Shandong.

Judge Feng Zhaoshan: Born in Shandong, registered as from Shenyang City, Liaoning Province. Where do you currently reside?

Xu Qinxian: Babaoshan, Beijing.

Judge Feng Zhaoshan: Give the specific location and building number.

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

Judge Feng Zhaoshan: What is your educational level?

Xu Qinxian: Junior college.

Judge Feng Zhaoshan: When did you enlist in the army?

Xu Qinxian: December 1950.

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

Xu Qinxian: Cadet, signal operator, staff officer, deputy battalion commander, battalion commander, regimental chief of staff, section chief, division chief of staff, division commander, deputy army commander, army commander.

Judge Feng Zhaoshan: When did you assume the post of commander of the 38th Group Army?

Xu Qinxian: December 1987.

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

Xu Qinxian: In September 1988 I was conferred the rank of major general.

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

Xu Qinxian: 11 September 1989.

Judge Feng Zhaoshan: Where were you held under residential surveillance?

Xu Qinxian: At the Shangweidian Depot of the Beijing Garrison District.

Judge Feng Zhaoshan: Only that one place?

Xu Qinxian: Later I was transferred to the No. 492 Logistics Depot of the Military Region.

Judge Feng Zhaoshan: When, and for committing what crime, were you formally arrested according to law?

Xu Qinxian: On 9 January 1990. The arrest warrant states that it was because of “disobeying a martial law order.”

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

Xu Qinxian: At the Beijing Military Region Detention Center.

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

Xu Qinxian: I have been cited for merit and named an advanced worker, and have received some commendations. I can no longer remember them clearly.

Judge Feng Zhaoshan: What were the main reasons for those citations for merit?

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

Judge Feng Zhaoshan: Have you ever been disciplined in the past?

Xu Qinxian: I do not remember this very clearly. Later I never saw any written decision on sanctions. In any case I was definitely criticized, because I once lost a map. I do not know whether in the end a formal sanction was imposed or whether it ended with criticism. I am not very clear about it.

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

Xu Qinxian: No.

Judge Zhou Xinhua: Defendant Xu Qinxian.

Xu Qinxian: Present!

Judge Zhou Xinhua: Sit down. Do not move your hands about. Keep them in place, understood? We will now announce to you the members of the collegial panel and the clerk, and the list of public prosecutors and defense counsel, and inform you of the various procedural rights and obligations you enjoy in court. 

Pursuant to Article 105 of the Criminal Procedure Law of the People’s Republic of China and paragraph 2 of Article 10 of the Organic Law of the People’s Courts of the People’s Republic of China, this collegial panel is composed of Senior Colonel Wei Shibin, deputy president of this court, Colonel Feng Zhaoshan, and Lieutenant Colonel Zhou Xinhua. Deputy President Wei Shibin serves as the presiding judge. 

Major Zhao Yonghai acts as the clerk of the court, responsible for recording the court proceedings. 

Pursuant to Article 112 of the Criminal Procedure Law, Senior Colonel Jiang Jichu, Deputy Chief Procurator of the Military Procuratorate of the Beijing Military Region, Lieutenant Colonel Jiang Jiguang, and Major Wang Changsheng appear in court to support the public prosecution and to supervise the legality of the court trial activities. 

According to Article 26 of the Criminal Procedure Law, the legal advisers Yang Yunkai and Qu Hengdong from the Beijing Military Region Legal Advisory Office, whom you entrusted, will serve as your defense counsel.

Judge Feng Zhaoshan: Defendant Xu Qinxian, did you hear clearly the composition of the collegial panel, the clerk, and the list of public prosecutors and defense counsel just announced to you?

Xu Qinxian: I heard clearly.

Judge Feng Zhaoshan: Sit down.

Judge Zhou Xinhua: When you are required to stand, the presiding judge will instruct you to stand. Did you hear that?

Xu Qinxian: I heard.

Judge Zhou Xinhua: Defendant Xu Qinxian, pursuant to Articles 23, 24, and 25 of the Criminal Procedure Law, you enjoy the right to apply for recusal in court. 

If you believe that any member of the collegial panel, the clerk, or any public prosecutor has an interest in this case that may affect the impartial handling of the case, you may state your reasons and apply for their recusal. 

Did you hear clearly?

Xu Qinxian: I heard clearly.

Judge Zhou Xinhua: Do you apply for recusal of any member of the collegial panel, the clerk, or any public prosecutor?

Xu Qinxian: I do not apply. I agree to all.

Judge Zhou Xinhua: Defendant Xu Qinxian, pursuant to Article 26 of the Criminal Procedure Law, you enjoy the right of defense in court. 

In addition to defense counsel defending you, you may yourself exercise your right of defense and make statements and arguments. 

Did you hear clearly?

Xu Qinxian: I heard clearly.

Judge Zhou Xinhua: Defendant Xu Qinxian, pursuant to Article 118 of the Criminal Procedure Law, you also enjoy the right to make a final statement in court. 

After the presiding judge announces the conclusion of the court debate, you may make your final remarks. 

Did you hear clearly?

Xu Qinxian: I heard clearly.

Judge Zhou Xinhua: Defendant Xu Qinxian, pursuant to Article 119 of the Criminal Procedure Law and the provisions of the Rules of Court of the People’s Courts, you must observe court order in the courtroom, obey the direction of the court, and answer this court’s questions truthfully. 

Did you hear clearly?

Xu Qinxian: I heard clearly.

Presiding Judge Wei Shibin: Defendant, stand up. We will now proceed to the court investigation. 

First, the public prosecutor will read out the bill of indictment.

(Procurator Jiang Jichu reads the indictment)

Procurator Jiang Jichu: Bill of Indictment of the Military Procuratorate of the Beijing Military Region of the Chinese People’s Liberation Army (Reference No. 1, 1990, Jing Jun Jian Su Zi)

Defendant Xu Qinxian, male, Han ethnicity, 54 years of age, from Shenyang City, Liaoning Province, of petty trader background and student family class origin, junior college education, enlisted in December 1950, joined the Party in July 1956, appointed commander of the 38th Army Group in December 1987, and conferred the rank of major general on 1 September 1988.

Because he disobeyed a martial law order, on 23 May 1989, he was removed from his post as army commander. On 11 September of the same year, he was placed under residential surveillance. On 9 January 1990, he was arrested according to the law.

The case of defendant Xu Qinxian’s disobedience of a martial law order was investigated and concluded by the Military Procuratorate of the PLA.

On 8 December 1989, the procuratorate authorized this office to conduct a review for prosecution.

The following facts have now been ascertained:

At about 16:00 on 18 May 1989, Liu Zhenhua, Political Commissar of the Beijing Military Region, (at that time Commander Zhou Yibing was attending an emergency meeting convened by higher authorities), together with other leading comrades, in the conference room on the third floor of the main office building of the Military Region, conveyed to Xu Qinxian the order of the Central Military Commission to deploy the 38th Group Army to Beijing to carry out a martial law mission.

After Political Commissar Liu and the other leaders of the Military Region had conveyed the order of the Central Military Commission and made arrangements for the mission, Xu Qinxian immediately stated that he refused to lead the troops into Beijing to carry out the martial law mission.

He said: “A matter as serious as deploying the army, I suggest, should be discussed by the Standing Committee of the National People’s Congress and a plenary meeting of the State Council, to determine whether taking such action is right or wrong. Such an order ought to be issued by the state. It is inappropriate to issue it in the name of the Party.”

He also said, “Such an action must withstand the test of history. An event may not be clearly seen in the short term, but history can prove that carrying out such a mission may lead to military merit, or it may make one a criminal in history.”

He stated that he could not carry out such a mission with armed troops. “The Central Military Commission can appoint me as army commander, and it can also remove me from my post, but I cannot execute such an order. Please have the leaders find someone else.”

Under the severe criticism and instructions of the leaders of the Military Region, Xu Qinxian went to the operations duty office of the Military Region and used a secure telephone to convey the order of the Central Military Commission to Wang Fuyi, Political Commissar of the Group Army.

He told Wang, “I do not agree with this approach. I cannot carry out this order. I cannot command. As to who will command you, that is for others to decide.”

At about 19:00 that evening, in Room 213 of the No. 85 Guesthouse of the Military Region, Xu Qinxian called Political Commissar Liu of the Military Region and said, “I have passed on the order. From now on, do not come to me again about this matter.”

Thereafter, Xu Qinxian never again indicated to the leaders of the Military Region that he would carry out the order of the Central Military Commission.

The above criminal facts are clear and are corroborated by documentary evidence and witness testimony.

The conduct of Xu Qinxian in disobeying the martial law order of the Central Military Commission interfered with the deployment of the martial law mission by the leading organs, encouraged the arrogance of elements involved in turmoil and riot, increased the difficulties of the troops entering the city to carry out the martial law mission, and seriously damaged the political prestige of our army, causing extremely adverse political repercussions at home and abroad.

As commander of the Group Army, at a critical moment of life and death for the Party and the state, Xu Qinxian disobeyed orders at the critical moment, thereby gravely endangering the interests of the Party and the state.

The nature of his acts was vile, and the consequences serious.

According to Article 79 of the Criminal Law of the People’s Republic of China, and with reference to Article 17 of the Provisional Regulations of the People’s Republic of China on Punishing Crimes of Servicemen’s Breach of Duties, the conduct of defendant Xu Qinxian already constitutes the crime of disobeying a martial law order.

Pursuant to Article 100 of the Criminal Procedure Law of the People’s Republic of China, we hereby institute a public prosecution and request that he be punished according to law.

To: Military Court of the Beijing Military Region.

(From) Military Procuratorate of the Beijing Military Region. Deputy Chief Procurator: Jiang Jichu.

Procurators: Jiang Jiguang and Wang Changsheng.

10 January 1990.

Presiding Judge Wei Shibin: Defendant, sit down. 

Defendant Xu Qinxian, the court will now, on the basis of the accusations in the bill of indictment, investigate the criminal facts of your disobedience of the martial law order. 

Defendant Xu Qinxian, when and where did you receive notice, and from whom, to go to the Beijing Military Region headquarters to receive the mission?

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

Presiding Judge Wei Shibin: How did Tang Minghong notify you?

Xu Qinxian: By telephone.

Presiding Judge Wei Shibin: What did you tell Tang Minghong?

Xu Qinxian: At that time, I was hospitalized due to illness. He asked, “Are you able to go?” I said that the stone had been passed the day before, and now, though barely, I could manage. I said I could go.

Presiding Judge Wei Shibin: You said you could go.

Xu Qinxian: Yes, I could go.

Presiding Judge Wei Shibin: When did you enter the General Hospital of the Beijing Military Region, and for what illness were you hospitalized?

Xu Qinxian: Around noon on 16 May 1989, I was transferred from the No. 280 Hospital in Fangshan to the General Hospital of the Military Region because of a urinary tract stone.

Presiding Judge Wei Shibin: In which department of the General Hospital were you hospitalized?

Xu Qinxian: Internal Medicine Department No. 5.

Presiding Judge Wei Shibin: Internal Medicine Department No. 5. When was the urinary tract stone passed?

Xu Qinxian: Around supper time on 17 May. It was passed before or after supper on 17 May. On the afternoon of the 17th—probably at supper, before or after supper—I do not remember very clearly.

Presiding Judge Wei Shibin: After the stone was passed, what was your physical condition at that time?

Xu Qinxian: I was weak, in pain, and without strength. Because beginning on 15 May, the onset of illness had tormented me for two or three days, so my energy was exhausted and my body very tired, and there were many parts of the body that hurt.

Presiding Judge Wei Shibin: Apart from the urinary tract stone, did you have any other illnesses when you were hospitalized?

Xu Qinxian: At that time, during a training session in mid-March, I had injured my foot. They checked that as well while I was there. The rest were just additional checks done in passing.

Presiding Judge Wei Shibin: All the others were only incidental examinations?

Xu Qinxian: Yes, incidentally.

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

(Tang Minghong’s testimony read by Judge Feng Zhaoshan)

At 12:30 on 18 May, I received a telephone call from Comrade Peng Cuifeng of the Operations Department of the Military Region, informing me: “Please have your army commander come to the conference room on the third floor of the main office building of the Military Region at 3 p.m. for a meeting.”

I asked what it was about. He said there was a mission.

At the same time, he informed me to immediately dispatch a helicopter to Shijiazhuang to bring Commander Qin of the 27th Army to the Military Region for a meeting.

After receiving this call, since Xu was then hospitalized in the General Hospital of the Military Region with a urethral stone and not in the barracks, I immediately reported the situation to Political Commissar Wang and other leaders of the army who were at home.

I suggested that since the army commander was hospitalized, should we have Political Commissar Wang attend the meeting?

Political Commissar Wang instructed: “Consult with the Military Region as to whether I may go.”

I immediately telephoned Minister Peng to consult.

After Minister Peng consulted the leaders of the Military Region, he replied: “The political commissar may not go. The army commander must go.”

I reported the opinion of the Military Region to Political Commissar Wang, and immediately notified Army Commander Xu, who was hospitalized in the General Hospital of the Military Region, by telephone.

At that time Xu asked what it was about.

I said I did not know—probably a mission.

Xu then asked: “Must I go personally?”

I said I had already consulted the Military Region, and the Military Region said you must go.

Xu said: “Then I will go.”

28 July 1989. Tang Minghong.

Presiding Judge Wei Shibin: The testimony of Deputy Chief of Staff Tang Minghong just read out—did you hear it clearly?

Xu Qinxian: I heard clearly.

Presiding Judge Wei Shibin: Deputy Chief of Staff Tang Minghong testifies that at 12:39 at noon on 18 May, he received a telephone call from Director Peng Cuifeng of the Operations Department of the Military Region, informing the commander of the 38th Group Army to go at 3 p.m. to the conference room on the third floor of the main office building of the Military Region.

After reporting to Political Commissar Wang Fuyi of the 38th Group Army and consulting the Military Region, he then notified you, Army Commander Xu, by telephone at the General Hospital of the Military Region, and you agreed to go to the Military Region for the meeting yourself.

Defendant Xu Qinxian, what comments do you have on the testimony of Deputy Chief of Staff Tang Minghong?

Xu Qinxian: The testimony basically conforms to the facts. It is just that in the middle, when it comes to the end, he asked whether I could go.

I explained my physical condition and said I could go, because the stone had passed the previous day.

He was not all that clear about my condition at the time.

If it had been like the situation before supper on the 17th, then I could not have gone.

I briefly explained my condition and said I could go.

That was the situation.

As for the specific time, I no longer clearly remember it.

Presiding Judge Wei Shibin: Defense counsel, do you have any comments?

Defense counsel: No.

Presiding Judge Wei Shibin: Defendant Xu Qinxian, when you went to the Beijing Military Region headquarters to receive the mission, at what time did you leave the General Hospital of the Beijing Military Region?

Xu Qinxian: I do not clearly remember the specific time. After receiving the telephone call, I looked for a vehicle.

At that time the vehicle may have gone to the motor pool to take the head of the health station back to the barracks, and may not yet have returned.

I then asked the General Hospital to dispatch a vehicle, called several numbers but could not get through—to the president, to the administrative office—and in the end called the operations duty office of the Military Region.

I asked them to inform the logistics department of the Military Region to get in touch with the General Hospital again and send a vehicle for me.

This process took some time.

Afterwards, when the doctors learned that I had to go to the Military Region, several doctors came to examine and treat me, because after the illness my body was relatively weak and there were still quite a few problems.

They gave me injections, provided medicine, and treated me for quite a long time.

Afterwards the vehicle returned. When it came back—the specific time I do not clearly recall— it was probably between 14:00 and 15:00.

Presiding Judge Wei Shibin: Between 14:00 and 15:00.

Xu Qinxian: Between, I left the General Hospital. I did not look at my watch.

Presiding Judge Wei Shibin: When did you leave the General Hospital?

Xu Qinxian: Because time was taken up in finding a vehicle and receiving treatment.

Presiding Judge Wei Shibin: In whose vehicle did you finally go?

Xu Qinxian: In a vehicle from our army.

Presiding Judge Wei Shibin: Who was the driver?

Xu Qinxian: Ping Fakui.

Presiding Judge Wei Shibin: Ping Fakui. At about what time did you arrive at the Beijing Military Region headquarters?

Xu Qinxian: Around 16:00.

Presiding Judge Wei Shibin: Around 16:00. Where in the Military Region headquarters did you receive the mission?

Xu Qinxian: I remember it was a conference room on the west side of the third floor.

Presiding Judge Wei Shibin: Did you enter the main building?

Xu Qinxian: Yes, the main building.

Presiding Judge Wei Shibin: The conference room on the west side of the third floor of the main building.

Xu Qinxian: Yes, on the west side. I took the elevator on the east side up, and then walked west. The conference room was on the south side of the corridor.

Presiding Judge Wei Shibin: South side. Took the east elevator up, walked west, the door was on the south side.

Xu Qinxian: Yes.

Presiding Judge Wei Shibin: Which Military Region leaders and staff were present when you received the mission?

Xu Qinxian: Political Commissar Liu, Deputy Commander Li, Chief of Staff Zou,  Logistics Minister Xu – I’m not sure if he was there from the beginning or came in during the meeting. Also the Operations Department minister and several staff members I recognized by face but couldn’t name.

(To be continued)

12/4/2025