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Li Weiguo Sues Guangzhou Public Security over Applications to March and Hold Candlelight Vigil on June 4, 2013: Case Documents

January 22, 2014

After Li submitted the applications, police raided Li's home in search of computers and phones, and on May 24, 2013, confiscated Li's USB key and placed him under a 15-day administrative detention as punishment for “inciting illegal assembly.” Li filed a complaint against Guangzhou Municipal Public Security Bureau’s Haizhu Sub-Branch police at the Haizhu District Court. When the court refused to hear the case, Li filed an appeal with the Guangzhou Intermediate People's Court. The higher court overturned the District Court's decision and ordered it to hear the case. The trial took place on January 22, 2014, the Haizhu District Court rules that the police acted in accordance with the law when they punished Li. Li plans to appeal.

The documents are:

  1. Application for assembly and procession on June Fourth:
    submitted to the Guangzhou Municipal Public Security Bureau and its Yuexiu District Sub-Branch, May 22, 2013. (Chinese and English translation)
  2. Application for candlelight vigil on June Fourth:
    submitted to the Guangzhou Municipal Public Security Bureau and its Yuexiu District Sub-Branch, May 22, 2013. (Chinese and English translation)
  3. Administrative penalty decision:
    issued by the Haizhu Disrict Sub-Branch of the Guangzhou Public Security Bureau, May 24, 2013. (Chinese)
  4. Administrative complaint against police:
    submitted to the Guangzhou Haizhu District People's Court against the Haizhu District Public Security Bureau Sub-Branch for deprivation of liberty and violation of citizens' constitutional right to freedom of assembly, August 6, 2013. (Chinese)
  5. Guangzhou Municipal Haizhu District People’s Court decision on administrative complaint:
    the Haizhu District Court denied the administrative complaint claiming it fell outside the court's jurisdiction, August 19, 2013. (Chinese)
  6. Guangzhou Intermediate Court decision on Li's appeal against the Haizhu District People’s Court decision:
    the Intermediate Court overturned the District Court's administrative decision and ordered it to try the case, December 29, 2013. (Chinese)
  7. Guangzhou Municipal Haizhu District People’s Court's notice of trial date and location:
    the Haizhu District Court notified Li that the trial will take place on January 22, 2014, January 14, 2014. (Chinese)
  8. Administrative Verdict:
    issued by the Guangzhou Municipal Haizhu District People’s Court on January 22, 2014.(Chinese)


1. Application for assembly and procession on June Fourth

Guangzhou Municipal Public Security Bureau

Yuexiu District Branch of the Guangzhou Municipal Public Security Bureau

We (Li Weiguo, Li Wensheng) are permanent residents of Guangzhou City, and are also participants in the “’89 Democracy Movement.” We have decided this year on June 4 to organize an assembly and a march.

In accordance with The Constitution of the People’s Republic of China, (Article 35 states “Citizens of the People’s Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration”[1]) and The Law of Assembly, Procession, and Demonstration of the People’s Republic of China (Article 3 states “The citizens' exercise of their right to assembly, procession and demonstration shall be safeguarded by the people's governments at all levels in accordance with the provisions of this Law;” Article 6 states “The competent authorities governing assemblies, processions and demonstrations shall be the municipal public security bureaus, county security bureaus or municipal public security sub-bureaus in the localities where the assemblies, processions and demonstrations are held; if the route of a procession or demonstration cuts through two or more districts or counties, the competent authorities thereof shall be the public security organ at the next higher level to the public security organs in such districts or counties;” and Article 7, states “For the holding of an assembly, a procession or a demonstration, application must be made to and permission obtained from the competent authorities in accordance with the provisions of this Law,”[2]) I submit this application to your honorable bureau.

The form of this assembly and procession: Participants will gather on June 4 at 2 p.m. at the Haizhu Square subway station exit B3 (near the open space across from the main entrance to Binbin Square), to march along Qiyi Road and crossing Zhongshanwu Road, passing through the People’s Park, to reach the march’s finishing point—the open space in front of the gate of the Guangzhou Municipal People’s Government Building on Fuqian Road.

Our event’s banners, placards, and slogans:

  1. Rehabilitate ’89, democratize China
  2. Never forget June Fourth
  3. Human rights are innate, possessed by all
  4. Return my freedom of speech
  5. Oppose dictatorship, embrace the Constitution
  6. Lift restrictions on the press, implement freedom of the press
  7. We want a society with rule of Law
  8. We want an independent judiciary

This assembly and march will have at least 50 participants.

The time of this march: June 4, 2013 2-6 p.m.

This meeting place for this march: Haizhu Square subway station exit B3 (near the open space across from the main entrance to Binbin Square)

The ending point for this march: the open space in front of the gate of the Guangzhou Municipal People’s Government Building on Fuqian Road

Persons responsible for this march: Li Weiguo (cellphone: 13143303314), Li Wensheng (cellphone:13609040618)

We request your honorable bureau to please arrange for an appropriate police force for our assembly and march to ensure a smooth execution of this activity, and to guarantee the safety of the participants and bystanders along the way.

Copies of this application are being sent to:

Guangzhou Municipal Public Security Bureau

Yuexiu District Branch of the Guangzhou Municipal Public Security Bureau

Every Applicant

And the Media

 

Applicant:

Li Weiguo, Li Wensheng

May 22, 2013

 

[1] Official English translation of the Constitution of the People’s Republic of China, http://www.npc.gov.cn/englishnpc/Constitution/2007-11/15/content_1372964....

[2] Official English translation of the Law of the People's Republic of China on Assemblies, Processions and Demonstrations, http://www.npc.gov.cn/englishnpc/Law/2007-12/12/content_1383911.htm.


2. Application for candlelight vigil on June Fourth

Guangzhou Municipal Public Security Bureau

Yuexiu District Branch of the Guangzhou Municipal Public Security Bureau

We (Li Weiguo, Li Wensheng) are permanent residents of Guangzhou City, and are also participants in the “’89 Democracy Movement.” We have decided this year on the evening of June 4 to organize a candlelight vigil.

In accordance with The Constitution of the People’s Republic of China, (Article 35 states “Citizens of the People’s Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration”[1]) and The Law of Assembly, Procession, and Demonstration of the People’s Republic of China (Article 3 states “The citizens' exercise of their right to assembly, procession and demonstration shall be safeguarded by the people's governments at all levels in accordance with the provisions of this Law;” Article 6 states “The competent authorities governing assemblies, processions and demonstrations shall be the municipal public security bureaus, county security bureaus or municipal public security sub-bureaus in the localities where the assemblies, processions and demonstrations are held; if the route of a procession or demonstration cuts through two or more districts or counties, the competent authorities thereof shall be the public security organ at the next higher level to the public security organs in such districts or counties;” and Article 7, states “For the holding of an assembly, a procession or a demonstration, application must be made to and permission obtained from the competent authorities in accordance with the provisions of this Law,”[2]) I submit this application to your honorable bureau.

The form for this vigil: On June 4 at 8pm, Participants will gather in Yingxiong Square near Zhongshansan Road (across from Lieshi Cemetery) to commemorate the 25th Anniversary of “June Fourth” with a candlelight vigil.

Event Title: Rehabilitate ’89, democratize China

This event will have at least 50 participants.

Time of the event: June 4, 2013 8-10:30pm

Meeting place for the event: Yingxiong Square near Zhongshansan Road (across from Lieshi Cemetery)

Persons responsible for this event: Li Weiguo (cellphone: 13143303314) Li Wensheng (cellphone: 13609040618)

We request your honorable bureau to please arrange for an appropriate police force for our assembly and march to ensure a smooth execution of this activity, and to guarantee the safety of the participants and bystanders along the way.

Copies of this application are being sent to:

Guangzhou Municipal Public Security Bureau

Yuexiu District Branch of the Guangzhou Municipal Public Security Bureau

Every Applicant

And the Media

Applicant:

Li Weiguo, Li Wensheng

May 22, 2013

 

[1] Official English translation of the Constitution of the People’s Republic of China, http://www.npc.gov.cn/englishnpc/Constitution/2007-11/15/content_1372964....

[2] Official English translation of the Law of the People's Republic of China on Assemblies, Processions and Demonstrations, http://www.npc.gov.cn/englishnpc/Law/2007-12/12/content_1383911.htm.