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”