On November 25, a 6-hour-long video that had never been publicly disclosed before—the complete trial process of Major General Xu Qinxian in a military court—was exposed online for the first time, containing a large amount of previously classified military action details as state secrets. The footage shows that Xu Qinxian, then commander of the 38th Army, clearly stated that “students were mixed with the public and targets could not be distinguished,” insisted on resolving the crisis through political means, and refused to sign the troop deployment order. He was removed from his position for refusing to lead the 38th Army into Beijing to enforce martial law and opposing the use of force to suppress students, and was subsequently sentenced to five years in prison.
Zhou Fengsuo, executive director of Human Rights in China, pointed out that this not only reflects General Xu Qianxian’s moral courage but also, for the first time, uses firsthand video footage to confirm the existence of anti-martial law sentiments within the military, corroborating the historical fact that a large number of Beijing soldiers did not support the use of force to clear Tiananmen Square that year, and revealing the truth that has been deliberately concealed in the official narrative: even within the military, orders to massacre students had faced significant resistance.
An English translation of Indictment 90 (No. 1) by the People’s Liberation Army (PLA), Beijing Military Procuratorate, on Xu Qinxian:
“Defendant: Xu Qinxian, Male, Han ethnicity, [then] age 54, native of Shenyang City, Liaoning Province, originally a store vendor, junior college education. Enlisted in December 1950, joined the Party in July 1956. In December 1987, he was appointed as Army Commander of the 38th Group Army, and on September 1, 1988, awarded the rank of Major General. On May 23, 1989, he was dismissed from the position of Army Commander for defying a martial law order, placed under residential surveillance on September 11 of the same year, and arrested on January 9, 1990.
The case of defendant Xu Qinxian defying a martial law order was investigated and concluded by the PLA Beijing Military Procuratorate, and on December 8, 1989, the procuratorate was authorized to review [the case] and prosecute the defendant.
It is now determined that:
On or about on May 18, 1989, Beijing Military Region Political Commissar Liu Zhenhua and other leaders conveyed to Xu Qinxian the Central Military Commission’s order to deploy the 38th Group Army to Beijing to carry out martial law tasks, at the conference room on the third floor of the main building of the military region office building. At that time, Commander Zhou Yibing was attending another emergency meeting convened by superiors.
After Political Commissar Liu and other military region leaders conveyed the Military Commission’s order and deployed the tasks, Xu Qinxian immediately expressed his refusal to lead the troops into Beijing to conduct the martial law tasks.
He said: “For a major matter involving the use of the military, I suggest that it should be discussed by the Standing Committee of the National People’s Congress and the State Council plenary session. Whether this is appropriate or not, such an order should be issued by the state. It is inappropriate to issue it [simply] in the name of the Party.”
He also said: “Such an action must withstand the test of history. It may not be clear in the short term, but history can prove it. Executing such a task may bring merit, or it may make one a criminal in history.”
He claimed: “(Regardless of) the weapons (equipment) required for such a task, I cannot carry it out. The Central Military Commission can appoint me as Army Commander or revoke my position. I cannot execute such an order. Please find someone else, leaders.”
Despite the stern criticism and orders from the military region leaders, Xu Qinxian went to the military region’s combat duty room and, using a secure telephone, conveyed the Military Commission’s order to the 38th Group Army’s Political Commissar Wang Fuyi, and said to Wang: “I disagree with this approach, and I cannot execute this order. I cannot command anymore. As for who commands, you [shall] decide.”
That evening at 7.00pm, Xu Qinxian called the military region’s Political Commissar Liu from Room 213 of the guest house at Building 85 of the military region, saying: “I have conveyed the order, from now on, don’t come to me about this matter anymore.”
Thereafter, Xu Qinxian never expressed to the military region leaders any intention to execute the Military Commission’s order.
The above facts are clear, corroborated by documentary evidence and witness testimonies.
Xu Qinxian’s act of defying the Military Commission’s martial law order disrupted the leading organs’ deployment of martial law tasks, emboldened the arrogance of the rioters and violent elements, increased the difficulties for the troops entering the city to carry out martial law tasks, severely damaged the political reputation of our army, and caused extremely adverse political influence domestically and internationally.
As an Army Commander, defendant Xu Qinxian openly disobeyed orders at a critical moment when the Party and the country were at a life-and-death juncture, seriously endangering the interests of the Party and the state, with a vile nature and dire consequences.
In accordance with the provisions of Article 79 of the Criminal Law of the People’s Republic of China (PRC), by reference to the provisions of Article 17 of the Interim Regulations of the PRC on the Punishment of Military Personnel for Crimes Against Duties, the actions of defendant Xu Qinxian constitute the crime of defying a martial law order. Pursuant to the provisions of Article 100 of the Criminal Procedure Law of the PRC, this public prosecution is hereby instituted, requesting that he be punished in accordance with the law.
Respectfully submitted to the Beijing Military Region Military Court by Jiang Jichu, Deputy Procurator-General, and Jiang Guang, Wang Changsheng, procurators, in January 1990”
The full video transcript of the trial of Xu Qinxian, commander of the 38th Army, charged with “disobeying orders on June 4th” is available on Human Rights In China’s Youtube Channel.
https://www.youtube.com/watch?v=1RBV9i4jaPo
