Xiaoning et al v. Yahoo! Inc, et al

Filing 65

MOTION to Dismiss Plaintiffs' Second Amended Complaint filed by Yahoo! Inc.. Motion Hearing set for 11/1/2007 02:00 PM in Courtroom 2, 4th Floor, Oakland. (Attachments: # 1 Appendix A# 2 Exhibit A# 3 Exhibit B-E# 4 Exhibit F-H# 5 Appendix B# 6 Exhibit 1# 7 Exhibit 2-3# 8 Exhibit 4-12)(Petrocelli, Daniel) (Filed on 8/27/2007)

Xiaoning et al v. Yahoo! Inc, et al

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EXHIBIT B

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Beijing Municipal First Intermediate People's Court

Criminal Verdict
(2003) One Intermediate Criminal Division First Trial Case No. 2226 The public prosecuting organ is the First Branch of Beijing Municipal People's Procuratorate. Defendant Wang Xiaoning (Pseudonyms: Shi Cheng, Chen Ping, Tiandi Shuping, Shi'er Yue Dangren, etc.), male, 53 years old (born on January 7, 1950), Han ethnicity, place of birth: Shenyang, Liaoning Province, university graduate, unemployed, resided at No. 30 Baiwanzhuang Shen Qu, Xicheng District, Beijing; because he was suspected of committing the crime of inciting subversion of the state power, he was taken into custody on September 1, 2002, arrested on September 30, 2002; he is currently being held in custody at the Beijing National Security Detention Center. Defense Attorney Bai Yu is a lawyer from Beijing Yi Feng Law Office Defense Attorney Hao Jun is a lawyer from Beijing Yi Feng Law Office In the First Branch of Beijing Municipal People's Procuratorate's Criminal Indictment (2003) No. 64, the First Branch of Beijing Municipal People's Procuratorate charged Defendant Wang Xiaoning with committing the crime of inciting subversion of the state power, and on July 9, 2003 it sent the case to this court for public prosecution. This court formed a collegiate panel according to law and proceeded to conduct a public trial. The First Branch of Beijing People's Procuratorate sent Deputy Procurator Zhao Changping and Tang Ruiqing to court to support the public prosecution. Defendant Wang Xiaoning and his defense attorneys Bai Yu and Hao Jun were also in court and participated in the proceedings. This trial has now been concluded. The First Branch of Beijing People's Procuratorate charged that, from October, 2000 to March, 2001, Defendant Wang Xiaoning compiled 11 editions of an Internet publication--Free Forum for Political Reform. In articles published in this Internet publication--"11 Essays on Democratic Politics," "Wang Xiaoning's 123 Emails" and others, he publicly proclaimed opposition to the leadership of the Communist Party of China and
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rejection of the "Four Fundamental Principles," and advocated the establishment of a multiparty system. He also delivered the 10th and the 11th edition of this publication to email addresses that he had been collecting over time. From August, 2001 to May, 2002, Defendant Wang Xiaoning wrote many articles, such as "The Chinese Constitution" (Wang Xiaoning's Draft) and "Understand Correctly the Current Constitution and Use the Constitution to Advance the Establishment of a Democratic Political Body in China," with his real name and pseudonyms like "Chen Ping" and "Shi Cheng." With other articles that he had collected, he compiled 31 editions of Commentaries on Current Affairs and Politics. In these articles, he advocated his own democratic thoughts and attacked the current political and social systems. He widely distributed and disseminated these thoughts by using Yahoo China's online group and email, which he had registered under his pseudonyms. During this period, Wang Xiaoning kept a close and long-term contact with Liu Guokai--the ringleader of an overseas hostile organization, chairman of the Social Democratic Party of China. In the mission statement of the publication Commentaries on Current Affairs and Politics, he explicitly suggested: "To conduct promotion for the realization of a democratic political system in China as well as for the Social Democratic Party of China to participate in the governing of China." From June to July, 2002, Defendant Wang Xiaoning actively conducted promotion work to prepare for the organization of the Third Road Party of China. He wrote articles in the name of the "Third Road Party of China" to propagate the Third Road Party of China's lines and ideological tenets. He advocated the establishment of a political party that could replace the Communist Party of China. He also distributed articles en masse by email, such as "Take the Third Road, Establish a Third Party" and "The Principal of the Third Road Party of China Gives a Speech, Appeals to the Left Wing of the Communist Party of China to Comply with Democracy and Supports the Left Wing of the Communist Party of China to Establish its Own Party." From April, 2002 to May, 2002, Defendant Wang Xiaoning also sent the articles he had written, such as "The Four Fundamental Principles Are the Biggest Obstacle to Progress in China," to overseas publications or websites, such as Democracy Forum, to advocate his political opinions. The First Branch of Beijing Municipal People's Procuratorate sent the evidence that incriminated Defendant Wang Xiaoning, including testimonies from witnesses, documentary

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evidence, the process of capture, and the defendant's confession. This procuratorate maintains that Defendant Wang Xiaoning's actions violated the "Criminal Law of the People's Republic of China" Paragraph 2 of Article 105 and Article 106, and that his actions constituted the crime of inciting subversion of the state power. It has requested this court to punish defendant Wang Xiaoning according to law. During the court session, Defendant Wang Xiaoning did not deny the facts as charged in the indictment. However, he argued that his actions did not constitute the crime of inciting subversion of the state power. The opinions from his defense attorneys Bai Yu and Hao Jun during the court session were: Defendant Wang Xiaoning's actions did not constitute a crime. Through investigation and adjudication, this court concludes: 1. Defendant Wang Xiaoning, from October, 2000 to March, 2001, compiled 11 editions of the Internet publication, Free Forum for Political Reform, with his own writing and reproductions of other articles. In the articles published in this publication, such as "11 Essays on Democratic Politics," "Wang Xiaoning's 123 Emails," and "Gu Zhun's Direct Democracy and Congressional Political Thoughts are an Important Development of Marxism-Leninism and Mao Zedong Thoughts--Three Arguments on the Road of Political Reform in China," he publicly declared his opposition to the leadership of the Communist Party of China and the "Four Fundamental Principles," attacked and smeared the Socialist system in China as an "autocratic and dictatorial political system," and advocated the establishment of a multiparty system. He also sent out respectively the 10th and the 11th edition of the publication containing the above-mentioned content to a large number of email addresses that he had been collecting over time. The above-mentioned facts are corroborated by the evidence of the court's proofs and cross-examinations listed below, and are confirmed by this court. a) Defendant Wang Xiaoning's confession proves: from October, 2000 to March, 2001, he compiled Free Forum for Political Reform in a total of 11 editions. This Internet publication was distributed in a few hundred copies for each edition. The distribution method was through logging onto the Internet by telephone and sending out emails. The email addresses to which he delivered the publication were all collected from the Internet. Some articles in this Internet publication were written by himself; others were downloaded by him from the web. All these 11 editions were saved on his computer. b) The work record of the Beijing National Security Bureau confirms:

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Defendant Wang Xiaoning was detained and interrogated at 10 a.m. on September 1, 2002. Meanwhile, his house (No. 30 Baiwanzhuang Shen Qu, Xicheng District, Beijing) was being searched according to law. In the search, the 1st to the 11th edition of the electronic publication Free Forum for Political Reform saved in "Wang Xiaoning's Computer\Wang Xiaoning's Data 2\E:\Wang's Internet publication\Free Forum for Political Reform" folder (time created: 17:29, December 29, 2001) on his computer (hard drive model number: 90650U2, serial number: C20E6AMC) was obtained. c) The work record of the Beijing National Security Bureau confirms: it has searched and obtained the first page (the 10th and the 11th edition) of some of the Free Forum for Political Reform sent out by Wang Xiaoning from his email address [e-mail]. d) Some articles written by Defendant Wang Xiaoning, such as "11 Essays on Democratic Politics," "Wang Xiaoning's 123 Emails," and "Gu Zhun's Direct Democracy and Congressional Political Thoughts Are an Important Development to Marxism-Leninism and Mao Zedong Thoughts--Three Arguments on the Road of Political Reform in China," contain contents that oppose the leadership of the Communist Party of China and the "Four Fundamental Principles," and attack and smear the Socialist system of China, such as "The Four Fundamental Principles are the biggest obstacle to the establishment of a democratic political system in China," "The Four Fundamental Principles are essentially one fundamental principle: the leadership of the Communist Party or so-called autocratic dictatorship," "What the Four Fundamental Principles have brought the Chinese people is a massive disaster," "Don't forget that China is still an autocratic and dictatorial state," "Without a multiparty system, free election, and separation of powers, any reform of the political system is fake," "The National People's Congress and multiparty cooperation is a fake democratic system and a true dictatorship," and "The so-called Chinese style political system--the political system under the Four Fundamental Principles--is a fake democratic system and a true dictatorship." 2. From August, 2001 to May, 2002, Defendant Wang Xiaoning compiled 31 editions of the Internet publication Commentaries on Current Affairs and Politics with his own writings and reproductions of other articles. In this Internet publication, he published many articles, such as "Foreword to `Commentaries on Current Affairs and Politics', "The Chinese Constitution" (Wang Xiaoning's Draft), "Understand Correctly the Current Constitution, Use the Constitution to Advance the Establishment of a Democratic Political Body in China," "Hold High the Great Flag of the Current Constitution, Fight Hard against

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Any Violation of the Constitution," "Gu Zhun's Socialist Dual Party System Marks the Direction for the Reform of the Political System in China," and "Revolt of the Left Wing in the Communist Party of China Increases the Possibility of a Military Coup," under his real name and the pseudonyms "Chen Ping", "Shi Cheng", "Tiandi Shuping," etc. In these articles, he advocated his own so-called "democratic thoughts" and attacked the current political and social systems. He widely distributed and disseminated these thoughts by using Yahoo China's online group and email, which were registered under his pseudonyms. During this period, Wang Xiaoning kept a close and long-term contact with Liu Guokai, the ringleader of an overseas hostile organization, chairman of the Social Democratic Party of China. In the mission statement of Commentaries on Current Affairs and Politics, he explicitly proposed "to conduct promotion work for the establishment of a democratic political system in China, as well as for the Social Democratic Party of China to participate in the governing of China." In the Internet publication, he also published and reposted a large number of articles written by Liu Guokai for the purpose of attacking and smearing the Chinese government. The above-mentioned facts are corroborated by the evidence of the court's proofs and cross-examinations listed below, and are confirmed by this court. a) Defendant Wang Xiaoning's confession proves: Between August, 2001 and March or April, 2002, he compiled Commentaries on Current Affairs and Politics in a total number of 31 editions. He registered this Internet publication on Yahoo China, then sent it out through Yahoo China's online group. This online group distributed a total number of 25 editions. From August to October, 2001, each edition was distributed in five to six hundred copies, and they were all sent in groups. These five to six hundred email addresses were collected by him over time and then provided to Yahoo China. The originator's address was [e-mail], and the sender's email address was [e-mail]. Later, "Yahoo China" online group believed that there were political problems with his articles and refused to distribute them. He then sent out the 26th to 31st editions of the publication to each email box individually by himself. The email addresses he used to distribute the publication are [e-mail] and [e-mail]. Some articles in this Internet publication were written by himself, some were downloaded by him from the Web, and some were sent to him by Liu Guokai, including those originally published in Free Forum for Political Reform. His purpose of compiling this Internet publication is to advocate political democratic thinking,

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advance political reform in China, and concurrently help Liu Guokai advocate his Social Democratic Party of China. There is an agreement between him and Liu Guokai to help each other in their advocacy. b) The work record of the Beijing National Security Bureau confirms: Defendant Wang Xiaoning was detained and interrogated at 10 a.m. on September 1, 2002. In the meantime, his house (No. 30 Baiwanzhuang Shen Qu, Xicheng District, Beijing) was being searched according to law. In the search, the 1st to 25th editions of the electronic publication Free Forum for Political Reform saved in "Wang Xiaoning's Computer\Wang Xiaoning's Data 2\E:\Wang's Internet publication\Free Forum for Political Reform" folder (time created: 17:29, December 29, 2001) and the 26th, 27th, 28th, 30th and 31st edition of Free Forum for Political Reform saved in the "E Drive\Wang Xiaoning Data 2\Wang's Internet publication\Free Forum for Political Reform unfinished" folder (time created: 17:29, December 29, 2001) were obtained from his computer (hard drive model number: 90650U2, serial number: C20E6AMC) c) The work record of the Beijing National Security Bureau confirms: the "Free Forum for Political Reform Work Guidelines and Plan" written by Wang Xiaoning was found on Wang Xiaoning's computer (E Drive:\Wang's Internet publication\Free Forum for Political Reform 1st to 25th edition" folder). d) The work record of the Beijing National Security Bureau confirms: it has searched and obtained the first page of Free Forum for Political Reform (the 9th, 10th, 11th, 13th, 14th, 17th, 18th, 19th, 20th, 21st, 22nd, 23rd, 24th, 25th, 26th, 27th, 28th and 30th edition), which were sent out by Wang Xiaoning through the email address [e-mail]. e) The user information from Yahoo Holdings (Hong Kong) Ltd. proves and confirms: the Yahoo China website is authorized by Yahoo Holdings (Hong Kong) Ltd. to operate in mainland China. Online group is a service similar to a bulletin board provided by the Yahoo China website. Its members may upload materials to the online group through the Internet. The originator of the online group "aaabbbccc" is [e-mail]. This user is a registered user of the Yahoo China website. f) g) The user information from Yahoo Holdings (Hong Kong) Ltd. proves and The Ministry of National Security of the People's Republic of China proves confirms: [e-mail] is a registered user of the Yahoo China website. and confirms: the Social Democratic Party of China is a hostile organization. Its ringleader

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Liu Guokai is a hostile element. h) The work record of the Beijing National Security Bureau confirms: from July, 2001 to February, 2002, it searched and obtained Wang Xiaoning's email correspondence with Liu Guokai, chairman of the overseas hostile organization "Social Democratic Party of China," in a total number of 46 pages. i) The work record of the Beijing National Security Bureau confirms: in September, 2002, on the personal computer of the then arrested Wang Xiaoning, it found email correspondence with Liu Guokai, chairman of the overseas hostile organization "Social Democratic Party of China," in a total of 30 pages. j) Articles written by Wang Xiaoning, such as "Foreword to `Commentaries on Current Affairs and Politics'", "The Chinese Constitution" (Wang Xiaoning's Draft), "Understand Correctly the Current Constitution, Use the Constitution to Advance the Establishment of a Democratic Political Body in China," "Hold High the Great Flag of the Current Constitution, Fight Hard against Any Violation of the Constitution," and "Gu Zhun's Socialist Dual Party System Marks the Direction for the Reform of the Political System in China," "Revolt of the Left Wing in the Communist Party of China Increases the Possibility of a Military Coup," contain contents that oppose the leadership of the Communist Party of China and the "Four Fundamental Principles," attack and smear the Socialist system in China, such as "China has entered the 21st century, but it is still an autocratic and dictatorial state," "The Communist Party has ruled China and established up to now 52 years of autocratic and dictatorial rule,", "The Communist Party of China is bound to lose power, even become abandoned by people and history, and will never ever rise again," "Just look at China now, workers and peasants are oppressed at the bottom of the society, hundreds millions of workers have lost their jobs, many peasant migrant workers are brutally exploited and oppressed, they have no right to strike, no right to organize unions, and their basic rights cannot be guaranteed," "In fact, China's political system is a `party state system.' It is an autocratic and dictatorial system," "the Chinese people are completely deprived of democratic rights, political rights, and rights to manage state affairs," "China is one of the few countries in the world that still reinforce an autocratic and dictatorial political system. China will eventually become a democratic polity. China's extreme corruption, its half-dead half-alive economy, the sharp social conflicts, the repeated hardship suffered by peasants, workers and other laborers, and the reality that China is moving towards crony capitalism, all these prove that China

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needs political reform that will establish a democratic system." 3. From June to July, 2002, Defendant Wang Xiaoning actively conducted "promotion work" to prepare for the organization of the "Third Road Party of China." In articles written in the name of the "Third Road Party of China," such as "Take the Third Road, Establish a Third Party" and "The Principal of the Third Road Party of China Gives a Speech, Calls on the Left Wing of the Communist Party of China to Comply with Democracy, and Supports the Left Wing of the Communist Party of China to Establish its Own Party," he slandered the leadership of the Communist Party of China, attacked and smeared the current political and social system in China, advocated the Third Road Party of China's "ideological lines and political tenets," preached the establishment of a political party that can replace the Communist Party of China and practice a "multiparty system" and "separation of powers" in China. Defendant Wang Xiaoning distributed the above-mentioned articles in large quantity by email. The above-mentioned facts are corroborated by the evidence of the court's proofs and cross-examinations listed below, and are confirmed by this court. a) Defendant Wang Xiaoning's confession proves: in May, 2002, he had the idea of establishing the Third Road Party of China. He planned to organize a new political party and establish a new democratic polity in China. Thus, he wrote the article "Take the Third Road, Establish a Third Party" in order to elaborate his idea. Later, he wrote four successive articles in order to advocate this party of his, and sent them out in the name of the "Third Road Party of China." At the time, the email addresses he used were [e-mail], [e-mail], and [e-mail]. The time was approximately between June and August, 2002. Each article was sent in five to six hundred copies. After these five articles were sent out, some people supported, some thought that the time was not ripe, and some expressed desire to join his Party. b) The work record of the Beijing National Security Bureau confirms: on Wang Xiaoning's computer (Desktop\ "The Third Road Party of China." folder) it found 10 "Third Road Party of China" articles written by Wang Xiaoning (such as "Take the Third Road, Establish the Third Party," "The Third Road Party of China's 10 Points Concerning the Great Unification of China", "The Principal of the Third Road Party of China Gives a Speech, Calls on the Left Wing of the Communist Party of China to Comply with Democracy, and Supports the Left Wing of the Communist Party of China to Establish its Own Party," "The Third Road

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Party of China's 22 Points Concerning Resolving the Extremely Severe Problem of the Three `Nongs' (i.e. Peasants, Rural Areas, and Agriculture) in China," etc.) c) The testimony of witness Xiao Yong proves: around July, 2002, he and his friends were surfing on the web in an Internet café. He read about the statutes of the Third Road Party of China in his friend's email. At the end of this email, there was a line that read like this: "Anyone who agrees with our party's political ideas, please contact us." In the middle of July, he sent an email to the Third Road Party of China for the first time. Basically, he said that he agreed with its political ideas and hoped to stay in touch on a long term basis. The Third Road Party of China soon replied to his email and welcomed him to join the party. Concurrently, in consideration of safety issues, they asked him to provide an alias and asked him to promote the Third Road Party of China's opinions to the public and expand the organization while protecting his own safety. Later, they would also send party documents to him. Xiao Yong provided them with the alias "Wang Zuozhi." The Third Road Party of China sent him an email again and asked him whether he had any good suggestions for the party. He proposed to "build the party slowly, focus on promotion, and expand the organization." Later, he also suggested two ways to establish the Third Road Party of Chinas--"the lightning way" and "the gradual way." He once sent an email to the Third Road Party of China to inquire whether he could use the name of the Third Road Party of China to publish articles in overseas democratic movement publications. The Third Road Party of China replied "yes" to him and made it clear that he should not publish any articles contradicting the Third Road Party of China's principles. The documents that he received from the Third Road Party of China were mainly "The Third Road Party of China's 22 Points Concerning Resolving the Extremely Severe Problem of Three `Nongs' (i.e. Peasants, Rural Areas, and Agriculture) in China,", "The Third Road Party of China's 10 Points Concerning the Great Unification of China," "The Third Road Party of China Recommends an Important Article--Beware of the Chinese Communist Party's Fake Reform of the Political System in China," and "The Principal of the Third Road Party of China Gives a Speech, Calls on the Left Wing of the Communist Party of China to Comply with Democracy, and Supports the Left Wing of the Communist Party of China to Establish its Own Party." d) A search of Xiao Yong's email mailbox ([e-mail]) obtained five articles from the Third Road Party of China--("Take the Third Road, Establish a Third Party," "The Principal of the Third Road Party of China Gives a Speech, Calls on the Left

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Wing of the Communist Party of China to Comply with Democracy, and Supports the Left Wing of the Communist Party of China to Establish its Own Party," "The Third Road Party of China's 22 Points Concerning Resolving the Extremely Severe Problem of the Three `Nongs' (i.e. Peasants, Rural Areas, and Agriculture) in China," "The Third Road Party of China's 10 Points Concerning the Great Unification of China," and "The Third Road Party of China Recommends an Important Article--Beware of the Chinese Communist Party's Fake Reform of the Political System in China.") Correspondence between Xiao Yong and the Third Road Party of China was also found. e) The testimony of the witness Xie Yimin proves: in July, 2002, when he was browsing an overseas website called "the Big Reference," he read the article "The Principal of the Third Road Party of China Gives a Speech, Calls on the Left Wing of the Communist Party of China to Comply with Democracy, and Supports the Left Wing of the Communist Party of China to Establish its Own Party." At the bottom of the article, there was the Third Road Party of China's email address. About two days later, he sent his first email to the Third Road Party of China. The content of that email was in support of their opinions, and the email was signed "Shi Qiao." After about two days, he found a reply email sent by the Third Road Party of China. The main content was to welcome his correspondence and to inform him that the Third Road Party of China had already published three documents. If needed, they could be sent to him. Xie Yimin then sent out his second email to the Third Road Party of China and asked them to send the three documents to his other email address [e-mail], and said that he would ally with more people. The last email that the Third Road Party of China sent to him was an article about "the Three `Nongs'." f) A search of Xie Yimin's email mailbox ([e-mail]) obtained the article "The Third Road Party of China's 22 Points Concerning Resolving the Extremely Severe Problem of the Three `Nongs' (i.e. Peasants, Rural Areas, and Agriculture) in China" from the Third Road Party of China and the correspondence between Xie Yimin and the Third Road Party of China. g) The work record of the Beijing National Security Bureau confirms: many emails in which Wang Xiaoning contacted other people about issues regarding the Third Road Party of China were found in Wang Xiaoning's computer (Desktop\"The Third Road Party of China." folder). h) Articles such as "Take the Third Road, Establish a Third Party" which

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Defendant Wang Xiaoning wrote in the name of the Third Road Party of China contain words such as "It has been thirteen years since the `June Fourth event' in 1989. Very few countries in the world have not achieved a democratic polity. Yet China still has an autocratic and dictatorial political system," "China hasn't achieved a democratic polity for thirteen years. The main reason for this is that a political party capable of replacing the Communist Party of China was never formed," "Since the Communist Party of China gained power, it established a dictatorial political system--the people's democratic dictatorship. The system of the people's democratic dictatorship is a politically oppressive polity. In the past 52 years, the politically oppressive polity in China has not changed. This political oppressive polity is reactionary. China must change this political oppressive polity," "China must take the third road--the road of democracy + new socialism," "A vast change in Chinese history is imminent. We urgently need to establish a third political party," "Why has the Communist Party of China, which is so corrupt, still not yet fallen from power? The main reason is that China does not have any political party capable of replacing the Communist Party of China," "The Third Road Party welcomes all improvements and gradual advances beneficial to the democratic movement, but shall never give up people's revolution. We believe in the power of people and pin our hope on people's revolution." With these words, he slandered the leadership of the Communist Party of China, attacked and smeared the current political and social system in China. He advocated the ideological lines and political tenets of the "Third Road Party of China." He preached the establishment of a political party capable of replacing the Communist Party of China and the implementation of a "multiparty system" and "separation of the three powers" in China. 4. Between April, 2001 and May, 2002, Defendant Wang Xiaoning published a number of articles under his real name and his pseudonym "Chen Ping," such as "Regulations and the Government's Red Documents Are Not Law," "The Four Fundamental Principles are the Biggest Obstacle to Progress in China," "Analysis of the Possibility of a Military Coup in China," and "Why is the Communist Party of China Afraid of Western Democratic Politics," in domestic and overseas electronic publications: China Research, Democracy Forum, Big Reference, and Small Reference. In these articles, he publicly opposed the "Four Fundamental Principles," slandered the leadership of the Communist Party of China, attacked and smeared the current political and social system in China, and advocated his so-called "political opinions."

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The above-mentioned facts are corroborated by the evidence of the court's proofs and cross-examinations listed below, and are confirmed by this court. a) Defendant Wang Xiaoning's confession proves: in China Research, he has published articles which include "Regulation and Control of the Internet Cannot Violate the Constitution and Laws," "Bring Down Corruption in Using Government Vehicles," "The Current Condition of Science and Technology in China's National Defense Industry Is Worrisome,", "Regulations and the Government's Red Documents Are Not Law," "Discussing the Road to China's Unification On October 1." These articles were signed with his real name "Wang Xiaoning." The time of the publication of these articles was successively from April, 2001 to May, 2002. He submitted them to China Research by email from his computer at home. The email address he used was [e-mail]. Democracy Forum reposted some the articles he wrote including "11 Essays on Democratic Politics," "Don't Give a Hand to People Who Oppose Political Reform." Big Reference reposted a large number of articles from his Internet publication Commentaries on Current Affairs and Politics. As all the Internet publications he compiled were sent to Big Reference, Big Reference then selected some of them to publish. Big Reference used to solicit his submissions. In Big Reference, he published "Analysis of the Possibility of a Military Coup in China," and "Whether Arresting Lü Jiaping's Son Is Aimed at the Chinese Communist Party's Military Authority." These articles were signed with his pseudonym "Chen Ping." Small Reference published his article "Why Is the Communist Party of China Afraid of Western Democratic Politics" signed with his real name "Wang Xiaoning." Small Reference asked him for submissions after reading his articles published in Democracy Forum. b) The work record of the Beijing National Security Bureau confirms: from April, 2001 to May, 2002, a search obtained 20 articles which he had published in the domestic electronic publication China Research, such as "Regulation and Control of the Internet Cannot Violate the Constitution and Laws," "Bring Down Corruption in Using Government Vehicles," "The Current Condition of Science and Technology in China's National Defense Industry Is Worrisome," "Regulations and the Government's Red Documents Are Not Law," and "Discussing the Road to China's Unification On October 1." c) The work record of the Beijing National Security Bureau confirms: On April 21st, 2001, a search obtained articles published in the Asia Democracy Foundation's Democracy Forum, including "11 Essays on Democratic Politics": "The Four Fundamental

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Principles Are the Biggest Obstacle to Progress in China," "Malicious Attack on the Communist Party of China Is Not Subversion of the State Power," "China Does Not Have a Publishing Law, But It Has a Unique Labor Reform System," etc. d) The work record of the Beijing National Security Bureau attests: on March 23rd, 2001, a search obtained the article "Why Is the Communist Party of China Afraid of Western Democratic Politics," which was published in the overseas publication Small Reference. On May 31st, 2001, a search obtained two articles "Analysis of the Possibility of a Military Coup in China" and "Whether Arresting Lü Jiaping's Son Is Aimed at the Chinese Communist Party's Military Authority," which were published in the domestic publication Big Reference. This court finds that, Defendant Wang Xiaoning smeared and incited the subversion of state power and the Socialist system and endangered national security through writing and reposting articles, compiling electronic publications, and distributing them in large numbers by email. His actions constitute the crime of inciting the subversion of the state power and the crime is severe. He should be punished according to law. Defendant Wang Xiaoning also colluded with overseas hostile organizations and individuals and committed the crime of inciting subversion of the state power. He should be severely punished according to law. The First Branch of the Beijing Municipal People's Procuratorate charged Defendant Wang Xiaoning with committing the crime of inciting subversion of the state power. Facts and evidence are clear, indisputable, and sufficient. Therefore, this court accepts the prosecution's charges. Through many of the articles written or edited by him, Defendant Wang Xiaoning incited subversion of the state power and the overthrow of the Socialist system, thus endangering national security, by fabricating facts or malicious denigrating and smearing in disregard of the truth. His actions are consistent with the constitution of the crime of inciting subversion of the state power. Hence, this court does not accept the pleas and opinions of the defendant and his defense team, who state that Wang Xiaoning's actions do not constitute a crime. Hereby, according to the "Criminal Law of the People's Republic of China" Paragraph 2 of Article 105, Article 106, Paragraph 1 of Article 56, Paragraph 1 of Article 55, and Article 64, the following verdict is rendered: 1. state power. (The prison term is to be calculated starting on the day the verdict is executed, with Defendant Wang Xiaoning is sentenced to 10 years' imprisonment with two years' deprivation of political rights for committing the crime of inciting subversion of the

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each day spent in detention prior to the execution of the verdict to count as one day of the prison term; therefore, the term will run from September 1, 2002 to August 31, 2012). 2. Objects sent with the case which were used by Defendant Wang Xiaoning to commit his crimes, including 2 computers, 2 receipts, 1 Internet dial-up card, and 6 floppy disks, are confiscated. If this verdict is not accepted, an appeal may be filed between two and ten days from the receipt of this verdict, either through this court or directly to the Beijing Municipal Higher People's Court. In case of a written appeal, the original appellate petition must be submitted together with one photocopy.

Presiding Judge: Wang Jian Judicial Judge: An Ruihua Deputy Judicial Judge: Zhao Jian Date: ***2003 [illegible] Beijing Municipal First Intermediate People's Court [seal] This document has been checked against the original source. No difference is found [stamp] Court Clerks: Yang Benhui Pan Mengmeng

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Translatío^ Certificate of Accuracy
[Jab Nu^^be^`] 5$41 ^ [Client Name) O'Melveny & Myers LLP {Los Angeles). [Docurneni Named Shi Tao Final.doc Wang Xiao^ ing_1=ínal.dac

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The above referenced document has been translated accurately, completely and reliably, and reviewed for cultural appr^príafe^ess by two qualified translatars--one to translate and one to edit. No additions or deletions hage occurred ghat would change the context of the source language message; content has nat been altered or misrepresented; specific ^dustry terminology has been used ih^'oughout; the reading level {linguistic register) af the original document has been maintained; and if adaptation of the reading level has been requested, target texi has been adapted following Client's ínstructians, The translators translating the materials have professional translation experience, full fluency in the larget language of the materials, the ability to read and understand the source language, knowledge and experience with the culture(s) of the intended audience, and adequate knowledge of the subject matter. This Certificate of Accuracy is hereby issued within the limits set forth by Network^mni's Terms and Co^dítío^s. The signing representative ackriowledges that the ínformati^n related to the above referenced document is pri^íleged and confidential communication, and that reproduction of said materials is strictly prohibited without written authorization.

Alejandro Moreda

Printed Name of Certifying Representative Sr. Pro} ect Mara^er Tit1e

Signature

August 27, 2ßß7 Date

State of California County of Los Angeles

^n August 27, 2C3ß7, befare me, Janice Parvin, Notary Public, personally appeared Alejandro Moreda, personally known to me to be the person whase name is subscribed to the foregoing instrument and acknowledged to me that she executed the same ìn his authorized capacity, and that by his signature on the instru^^ent the person, or the entity upon behalf of which the person acted, executed the instrument.
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EXHIBIT C

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Changsha Intermediate People's Court of Hunan Province

Criminal Verdict
(2005) Changsha Intermediate Criminal Division One First Trial Case No. 29 The public prosecuting organ is the Changsha People's Procuratorate of Hunan Province. Defendant Shi Tao, a.k.a. "198964," male, born on July 25, 1968 in Yanchi County in Ningxia Hui Autonomous Region, Han ethnicity, university graduate, unemployed, resided at Room 102, West Unit, Building 3, Jun'anli Housing Development in Taiyuan, Shanxi Province. Because he was suspected of committing the crime of illegally providing state secrets to foreign entities, he was taken into custody on November 24, 2004, placed under criminal detention on the following day, and arrested on December 14 of the same year. He is currently being held in custody at the Changsha Detention Center. Authorized Defense Attorney Tong Wenzhong is a lawyer with the Tianyi Law Firm in Shanghai. In Changsha Procuratorate Criminal Indictment No. 13 (2005), the Changsha People's Procuratorate charged Defendant Shi Tao with committing the crime of illegally providing state secrets to foreign entities, and on January 31, 2005, it sent the case to this court for public prosecution. This court formed a collegiate panel according to law and held a closed trial to hear this case. The Changsha People's Procuratorate sent procurator Su Shuangji to court to support the prosecution. Defendant Shi Tao and his defense attorney Tong Wenzhong were also in court to participate in the proceedings. This trial has now been concluded. The Changsha People's Procuratorate charged that, from February 11 to April 22, 2004, Defendant Shi Tao was employed by Hunan's Contemporary Business News as head of the Editorial Department. At around 5:00 pm on April 20, after a routine newspaper review meeting and a pre-editorial meeting, assistant editors-in-chief of Contemporary Business News Wang XX and Yang XX convened a special meeting of the heads of the newspaper's Front Page News Department, the Mobile Hotline Department, and the Editorial Department.

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During this special meeting, Wang XX verbally communicated the main content of a top-secret document entitled "A Notice Regarding Current Stabilization Work" (CPC General Office Document No. 11 [2004]) issued by the General Office of the Central Committee of the Communist Party of China (CPC) and the General Office of the State Council. He also emphasized that this was a top-secret document that could not be recorded or disseminated. However, Defendant Shi Tao secretly took notes on the document's main content. Between approximately 7:00 pm on that day and approximately 2:00 am the following morning, Defendant Shi Tao used his personal email account ([e-mail]) in his office to send the notes he had secretly taken on the above-mentioned main content of CPC General Office Document No. 11 [2004] to the email account of Hong Zhesheng ([e-mail]), one of the founders of the "Asia Democracy Foundation" located in New York, USA, and editor-in-chief of the overseas web site "Democracy Forum" and the electronic publication "Democracy News." He gave "198964" as the informer's alias and asked Hong Zhesheng to find a way to distribute it as quickly as possible without using Shi Tao's name. That day, the above-mentioned main content of CPC General Office Document No. 11 [2004] was posted on the "Democracy Forum" under the name of "198964." It was later reposted on other overseas web sites such as "Boxun News" and the "China Democracy & Justice Party." Regarding the above-mentioned facts as charged, the prosecuting organ provided such corroborating evidence as oral testimonies of witnesses, a verification certificate of the level of confidentiality, related material and written evidence, process records of capturing Shi Tao, photos of the crime scene and photos of material evidence, proof of the defendant's identity, and the defendant's confession. The procuratorate maintains that Defendant Shi Tao's actions violated Article 110 of the "Criminal Law of the People's Republic of China" and that his actions constitute the crime of illegally providing state secrets abroad. It has sent the case to this court for prosecution, requesting that a verdict be rendered according to law. Neither Defendant Shi Tao nor his defense attorney raised any objections to the criminal facts as charged in the indictment or to the characterization of this case. Defendant Shi Tao argued in his defense: "My criminal act of providing state secrets to foreign entities did not involve especially serious circumstances." His defense attorney stated: "Considering

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that Defendant Shi Tao's actions did not cause extremely serious damage to state security or interests and that his attitude in admitting his crimes was good, we request penalty to be lenient." In the course of the trial it was determined that: In April 2001, Defendant Shi Tao made the acquaintance of Hong Zhesheng (from China's Taiwan Province, resident of New York, USA, and one of the founders of the Asia Democracy Foundation), editor-in-chief of the overseas web site "Democracy Forum" and the electronic publication "Democracy News." At approximately 5:00 pm on April 20, 2004, after a routine newspaper review meeting and a pre-editorial meeting, assistant editors-in-chief of Contemporary Business News Wang XX and Yang XX convened a meeting of senior staff of the newspaper's Front Page News Department, the Mobile Hotline Department, and the Editorial Department. Shi Tao, then head of the newspaper's News Center and Editorial Center, attended the meeting. During the meeting, Wang XX verbally communicated main excerpts of a top-secret document entitled "A Notice Regarding Current Stabilization Work" (No. 11 [2004] issued by the CPC General Office) issued by the General Office of the Central Committee of the Communist Party of China (CPC) and the General Office of the State Council. He emphasized that this was a top-secret document that could not be recorded or disseminated. Defendant Shi Tao took notes on the document's main content. When Wang XX discovered that Shi Tao was taking notes, he reminded Shi Tao that he was not allowed to take notes. However, Shi Tao still took detailed notes in his notebook. That night at approximately 11:32 pm, Defendant Shi Tao leaked this information to an overseas hostile element. Taking advantage of the fact that he was working overtime alone in his office, he connected to the Internet through his phone line and used his personal email account ([e-mail]) to send his notes on the above-mentioned main content of CPC General Office Document No. 11 [2004]. He also used the alias "198964" as the name of the informer and asked Hong Zhesheng to find a way to distribute the information as quickly as possible without using Shi Tao's name. That day, the above-mentioned main content of CPC General Office Document No. 11 [2004] was posted on the "Democracy Forum" under the name of "198964." It was later reposted on other foreign web sites such as "Boxun News" and the "China Democracy & Justice Party." The evidence demonstrating the above criminal facts is as follows: 1. A verification

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certificate of level of confidentiality issued by the State Secret Protection Bureau, which confirms that the content of the state secret materials illegally provided by Defendant Shi Tao to foreign entities basically match the sub-headings in CPC General Office Document No. 11 [2004] (top-secret level), and that the basic content of CPC General Office Document No. 11 [2004] that was leaked should be classified as top-secret level state secrets. 2. Material evidence: (i) An email sent by Shi Tao at 11:00 p.m. on April 20, 2004, using his personal email account ([e-mail]), in which he sent a summary of CPC General Office Document No. 11 [2004] to the email account of the overseas hostile element Hong Zhesheng ([e-mail]). The general idea of the email was that Shi Tao wanted Hong Zhesheng to find a way to distribute CPC General Office Document No. 11 [2004] as quickly as possible but that he should use "198964", rather than the name "Shi Tao", to identify the informer; a summary of the document was attached at the end. (ii) The summary of CPC General Office Document No. 11 [2004] downloaded from the Internet that was posted on foreign web sites and electronic publications such as "Democracy Forum," "Boxun News," and "China Democracy & Justice Party" under the name of "198964." Defendant Shi Tao identified these materials, confirming that they were the same as the state secrets that he had provided. (iii) Materials downloaded from the Internet that identify hostile element Hong Zhesheng and confirm that Hong Zhesheng is from China's Taiwan Province, currently residing in New York, USA. He is a founder of the Asia Democracy Foundation and editor-in-chief of the overseas web site "Democracy Forum" and the electronic publication "Democracy News." 3. Record of evidence-taking and the material evidence of a notebook, confirming the fact that on December 6, 2004, Defendant Shi Tao's wife Wang Yuan provided the state [stamp for correction] security agency with a notebook found in their home containing Shi Tao's notes on the summary of CPC General Office Document No. 11. There was also a note in Shi Tao's notebook reading "Meeting on April 20 to relay Propaganda Department document (top-secret) (CPC General Office Document No. 11), notice from the CPC General Office regarding current stabilization work," with a summary of the document appended at the end. This notebook was identified by Defendant Shi Tao, confirming that he was the person who made the notes. 4. Account holder information furnished by Yahoo Holdings (Hong Kong) Ltd., which confirms that for IP address 218.76.8.201 at 11:32:17 p.m.

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on April 20, 2004, the corresponding user information is as follows: user telephone number: 0731-4376362 located at the Contemporary Business News office in Hunan; address: 2F, Building 88, Jianxiang New Village, Kaifu District, Changsha. 5. Photos taken at the scene and photos of related material evidence and written evidence. 6. Material evidence: (i) One envelope and one check sent by the overseas hostile element Hong Zhesheng to Defendant Shi Tao as payment for his submission. (ii) Another notebook belonging to Defendant Shi Tao, which recorded the email address of the overseas hostile element Hong Zhesheng. (iii) The notebooks of witnesses Wang XX and Peng Zhiguo, both of which contained information on CPC General Office Document No. 11. 7. Testimonies of witnesses Wang XX, Yang XX, and Peng Zhiguo, confirming that at approximately 5:00 on the afternoon of April 20, during a meeting especially convened by Wang XX of the newspaper's department heads, he verbally communicated the main content of CPC General Office Document No. 11 [2004] and emphasized that it was a top-secret document that should not be disseminated; that Defendant Shi Tao attended the meeting and took notes; that when Wang XX discovered that Shi Tao was taking notes, he especially reminded Shi Tao of the fact that he was not supposed to take notes; and that Defendant Shi Tao was on duty that night. 8. Testimonies of witnesses Yi Sufen, He Ping, Hu Youde, and Hong Yu, confirming that, when the department heads of the newspaper relay a document of important messages from the Provincial Party Committee's Propaganda Department, if it is emphasized that it is a top-secret document not to be circulated, as newspaper employees they will all regard that document as state secret. 9. Process record of capturing Shi Tao. 10. Defendant Shi Tao's identity papers. 11. A Contemporary Business News employee registration form, confirming that Defendant Shi Tao was employed by Hunan's Contemporary Business News from February 11, 2004 to April 22, 2004. 12. Shi Tao's written statements and confession, confirming that he completely admitted the fact that he had intentionally and illegally provided state secrets to foreign entities. The above items of evidence corroborate each other and are sufficient to establish the facts of this case. This court finds that, in order to inform overseas hostile elements, Defendant Shi Tao intentionally and illegally provided information that he knew to be top-secret level state secrets to an entity outside of the country. Having endangered state security involving

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especially serious circumstances, his actions constitute the crime of illegally providing state secrets to foreign entities. Therefore, the court accepts the prosecution's charge that Shi Tao's actions constitute the crime of illegally providing state secrets to foreign entities. Defendant Shi Tao argued in his defense: "My criminal act of providing state secrets to foreign entities did not involve especially serious circumstances." This was investigated and it was found that, according to Item 1 of Article 2 of the Supreme People's Court's "Explanation on Certain Questions Regarding Specific Applications of Law when Trying Cases of Stealing, Gathering, Procuring, or Illegally Providing State Secrets or Intelligence for Foreign Entities," stealing, gathering, procuring, or illegally providing state secrets are crimes with "especially serious circumstances." The state secrets that Defendant Shi Tao illegally provided to foreign entities were verified by the State Secret Protection Bureau as top-secret level state secrets, so his actions should be considered to involve especially serious circumstances. Therefore, the defense argument cannot be accepted by this court. Shi Tao's defense attorney stated: "Considering that Defendant Shi Tao's actions did not cause extremely serious harm to state security or interests and that his attitude in admitting his crimes was good, we request penalty to be lenient." This was investigated and found to conform with the facts; therefore, the opinion of the defense can be accepted by this court. In view of the above, and in accordance with Article 111, Paragraph 1 of Article 55, and Paragraph 1 of Article 56 of the "Criminal Law of the People's Republic of China," the following verdict is rendered: Defendant Shi Tao is sentenced to 10 years' imprisonment with two years' deprivation of political rights for committing the crime of illegally providing state secrets to foreign entities. (The prison term is to be calculated starting on the day the verdict is implemented, with each day spent in detention prior to the implementation of the verdict to count as one day of the prison term; therefore, the term will run from November 24, 2004 to November 23, 2014). If this verdict is not accepted, an appeal may be filed between two and ten days from the receipt of this verdict, either through this court or directly to the Hunan Province Higher People's Court. In case of written appeal, the original appellate petition must be submitted with two photocopies.

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Presiding Judge: Ouyang Hua Judicial Judge: Liu Zhigan Deputy Judicial Judge: Xie Shaoping ***[illegible] 27, 200* [illegible] Changsha Intermediate People's Court of Hunan Province [seal] This document has been checked against the original source. No difference is found [stamp] Court Clerk: Huang Shizhi

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Case No. 19-10
Name: Shi Tao Hunan Province 2005 Changsha Intermediate People's Court of Hunan Province Criminal Verdict (2003)

Location:

Source:

_______________________________________________________________________

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Changsha Intermediate People's Court of Hunan Province Criminal Verdict Changsha Intermediate Criminal Division One First Trial Case No. 29 (2005) Prosecuting organ is the Changsha People's Procuratorate of Hunan Province. Defendant Shi Tao, a.k.a. "198964," male, born on July 25, 1968 in Yanchi County in Ningxia Hui Autonomous Region, Han ethnicity, university graduate, unemployed, resided at Room 102, West Unit, Building 3, Jun'anli Housing Development in Taiyuan, Shanxi Province. Because he was suspected of committing the crime of illegally providing state secrets to foreign entities, he was taken into custody on November 24, 2004, placed under criminal detention on the following day, and arrested on December 14 of the same year. He is currently being held in custody at the Changsha Detention Center.

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Authorized defense attorney is Tong Wenzhong, a lawyer with the Tianyi Law Firm in Shanghai. In Changsha Procuratorate Criminal Indictment No. 13 (2005), the Changsha People's Procuratorate charged defendant Shi Tao with committing the crime of illegally providing state secrets to foreign entities, and on January 31, 2005 it sent the case to this court for prosecution. This court formed a collegiate bench according to law and held a closed trial to hear this case. The Changsha People's Procuratorate sent procurator Su Shuangji to court to support the prosecution. Defendant Shi Tao and his defense attorney Tong Wenzhong were also in court to participate in the proceedings. This trial has now been concluded. The Changsha People's Procuratorate charged that, from February 11 to April 22, 2004, defendant Shi Tao was employed by Hunan's Contemporary Business News, where he held the position of head of the Editorial Department. At around 5:00 on the afternoon of April 20, after a routine newspaper review meeting and a pre-editorial meeting, assistant editors-inchief of Contemporary Business News Wang XX and Yang XX convened a special meeting of the heads of the newspaper's Front Page News Department, the Mobile Hotline Department, and the Editorial Department. During this special meeting, Wang XX verbally communicated a summary of the main contents of a top-secret document issued by the General Office of the Central Committee of the Communist Party of China (CPC) and the General Office of the State Council entitled "A Notice Regarding Current Stabilizing Work" (CPC General Office Document No. 11 [2004]). He also emphasized that this was a topsecret document and that notes must not be taken on it and that it should not be disseminated. However, defendant Shi Tao secretly did take notes on the summary of the document's main content. Between approximately 7:00 pm on that day and approximately 2:00 am the following morning, defendant Shi Tao used his personal email account ([e-mail]) in his office to send the notes he had secretly taken on the abovementioned summary of the main contents of CPC General Office Document No. 11 (2004) to the email account of Hong Zhesheng ([e-mail]), one of the founders of the "Asia Democracy Foundation" located in New York, USA and editor-in-chief of the foreign web site "Democracy Forum" and the electronic publication "Democracy News." He gave "198964" as the alias of the person who provided the document and asked Hong Zhesheng to find a way to distribute it as quickly as possible without using Shi Tao's name. That day, the above-mentioned summary of the main contents of CPC General Office Document No. 11 (2004) was posted for publication on the "Democracy Forum" under the name of "198964." It was later reposted for publication on other foreign web sites such as "Boxun News" and the "China Democracy & Justice Party." Regarding the above-mentioned facts as charged, the prosecuting organ provided such corroborating evidence as the oral testimony of witnesses, a secrecy-degree verification certificate, related material and written evidence, materials on the process of taking Shi Tao into custody, photos of the crime scene and photos of material evidence, information proving the defendant's identity, and the defendant's confession. The procuratorate maintains that defendant Shi Tao's actions violated Article 110 of the "Criminal Law of the PRC" and that his actions constitute the crime of illegally providing state secrets outside of the country. It has sent the case to this court for prosecution, requesting that a verdict be passed according to law. 29

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Neither defendant Shi Tao nor his defense attorney raised any objections to the criminal facts as charged in the indictment or to the characterization of this case. Defendant Shi Tao argued in his defense: "My criminal act of providing state secrets to foreign entities did not involve especially serious circumstances." His defense attorney stated: "Considering that defendant Shi Tao's actions did not cause extremely serious damage to state security or interests and that his attitude in admitting his crimes was good, please punish him leniently." In the course of the trial it was determined that: In April 2001, defendant Shi Tao made the acquaintance of Hong Zhesheng (from China's Taiwan Province, resident of New York in the USA, and one of the founders of the Asia Democracy Foundation), editor-inchief of the foreign web site "Democracy Forum" and the electronic publication "Democracy News." At approximately 5:00 on the afternoon of April 20, 2004, after a routine newspaper review meeting and a pre-editorial meeting, assistant editors-in-chief of Contemporary Business News Wang XX and Yang XX convened a meeting of senior staff of the newspaper's Front Page News Department, the Mobile Hotline Department, and the Editorial Department. Shi Tao, then head of the newspaper's News Center and Editorial Center, attended the meeting. During the meeting, Wang XX verbally communicated a summary of the main contents of a top-secret document issued by the General Office of the Central Committee of the Communist Party of China (CPC) and the General Office of the State Council entitled "A Notice Regarding Current Stabilizing Work" (No. 11 [2004] issued by the CPC General Office). He emphasized that this was a top-secret document and that notes must not be taken on it and that it should not be disseminated. Defendant Shi Tao took notes on this summary of the document's main contents. When Wang XX discovered that Shi Tao was taking notes, he reminded Shi Tao that he was not allowed to take notes. However, Shi Tao still made detailed notes in his notebook. That night at approximately 11:32 pm, defendant Shi Tao leaked this information to an overseas hostile element, taking advantage of the fact that he was working overtime alone in his office to connect to the internet through his phone line and use his personal email account ([e-mail]) to send his notes on the above-mentioned summary of the main contents of CPC General Office Document No. 11 (2004). He also used the alias "198964" as the name of the provider and asked Hong Zhesheng to find a way to distribute the information as quickly as possible without using Shi Tao's name. That day, the abovementioned summary of the main contents of CPC General Office Document No. 11 (2004) was posted for publication on the "Democracy Forum" under the name of "198964." It was later reposted for publication on other foreign web sites such as "Boxun News" and the "China Democracy & Justice Party." The evidence demonstrating the above criminal facts is as follows: 1. A secrecydegree verification certificate issued by the State Secrecy Bureau, which confirms that the sub-headings of the state secret materials illegally provided by defendant Shi Tao to foreign entities were basically the same as those in CPC General Office Document No. 11 (2004) (top-secret level) and that the basic content of CPC General Office Document No. 11 (2004) that was leaked should be classified as top-secret level state secrets. 2. Material evidence: (i) An email sent by Shi Tao at 11:00 p.m. on April 20, 2004 using his personal email account ([e-mail]), in which he sent the summary of the contents of CPC General Office Document No. 11 (2004) to the email account of overseas hostile element Hong Zhesheng ([e-mail]). The general idea of the email was that Shi Tao 30

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wanted Hong Zhesheng to find a way to distribute CPC General Office Document No. 11 (2004) as quickly as possible but that he should use "198964", rather than [the