Ins and Outs of China's Trial of US Spy

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Last updated at: (Beijing Time) Friday, April 12, 2002

Ins and Outs of China's Trial of US Spy

Fang Fuming, a Chinese-American who was found guilty of illegally obtaining 35 documents containing by buying up state secrets from 1995 to 1999, was sentenced to 5 years imprisonment March 21 in Beijing.

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Chinese-American Fang Fuming gave huge sum of money to bribe State workers, spied out and bought up secrets and intelligence concerning engineering projects, illegally obtained 35 documents containing State secrets and gave US$245,000 in bribes to State workers. Personnel involved include former Vice-Minister of Power Resources Cha Keming and seven departmental and bureau officials, and several division-level cadres. The procuratorate placed 11 cases on file for investigation and prosecution. Fang was tried last October by a judicial organ, he was found guilty of illegally obtaining State secrets and bribing State workers. On March 21, Beijing No.1 Intermediate People's Court decided to sentence him to five-year imprisonment and deport him from China. After the ruling was announced by the court, the US State Department, which had all along professed concern about the "Fang Fuming case", reacted with a low key.

Minister of Power Resources Becomes Chinese-American

Although 66-year-old Fang Fuming is a Chinese-American, he spent 53 years of his life in China. He had worked in Zhejiang provincial power department for 30 years. Due to his seniority and the important post he held, some of his subordinates had gradually been promoted to leading posts. Because of his professional background and inter-personal relations, Fang became the object of contention for among large foreign enterprises.

Fang Fuming seemed to be reconciled to being roped in. In 1989, he migrated to, and then got the citizenship of the United States and thus suddenly became a Chinese-American. In 1993, Fang was employed as manager of a Hong Kong-based power development consulting company. This so-called consulting company was, in fact, an agency of a large overseas firm.

After everything was ready, Fang reappeared in China

In 1995, Chinese investigators discovered that Fang Fuming carried out frequent activities on the Chinese mainland, particularly in the process of tendering for major Chinese construction projects, Fang went in and out of residences of some leaders in charge, his behavior looked suspicious. In view of Fang's special personal capacity, the investigators decided to stealthily track after and keep watch on him.

In 1999, Fang again returned to China. During the period, when he gave a banquet for his former subordinates now holding important posts, he left his laptop computer in the hotel. The investigators thought they must not miss the opportunity and so stole into Fang's room and opened the portable computer which was remodeled by Fang himself and it was claimed to be computer with a capacity three times the currently most advanced notebook computer. The contents therein greatly surprised all those present.

Commission Distribution Table Surfaces

The computer contained over 500 copies of materials, most of which were documents concerning State secrets, some of them even carried written instructions of central leaders. What's more startling was that the investigators discovered a table in the computer, listed on which were date, names of major Chinese construction projects, responsible members and the favor fees they received. In which 35 individuals or work units were involved, including 7 State workers in Beijing and 15 in other provinces and cities. Recorded in the table included millions of US dollars as bribes in Fang's plan, over US$500,000 of which had already paid off as well as receipts with signatures of bribe-takers.

This is actually a table of commission distribution! From these materials, the investigators concluded that Fang's main work in recent years was acting as project agent for some foreign firms, spying on and buying off secrets and information about relevant construction projects for these firms by using huge sum of money to bribe State workers, thereby collecting a definite proportion of consultation fees from these companies.

Because the case encompassed an extensive area and was fairly complicated, the judicial department decided to exercise side control of Fang, thus a face-to-face battle began. On February 28, 2000, Fang again returned to China, he was detained the moment he got down the airplane by the investigators who had been waiting for him for quite a while. With approval from the higher authorities, the case was entrusted to the procuratorate for investigation and prosecution.

The Supreme People's Procuratorate assigned the task of investigation and prosecution in Beijing area to Beijing municipal People's Procuratorate which swiftly organized a special group for the examination of the case. Under the unified command and coordination of the Supreme People's Procuratorate, the investigation and prosecution actions began under top secret.

Rumor Spread by Overseas Media

At a time when Chinese procuratorate organ was engaging in intense investigation into the "Fang Fuming case", Fang Fuming's capacity as a Chinese-American began to play a role", because the US side showed "interest" in this case.

Last September, the US New York Times was the first to report on the news about the arrest of Fang Fuming. Many overseas media played up the case, charging that "China's detention of an American citizen would cause further tension of China-US relations". But the thought-provoking point was that when a correspondent gave a phone call to Fang's family, he ran into snags, because Fang's wife refused to disclose any news.

Last October, on the eve of US President George W. Bush went to Shanghai to attend the APEC Economic Leaders Meeting, China and the United States resumed dialogs on human rights in Washington. In the talks the US side once again expressed its "concern" about the "Fang Fuming case", at a press conference, US State Department spokesman Richard Boucher charged China with "violation of international norms for long-term detention of a suspect without instituting legal proceedings", "urging" the Chinese side "to release Fang as soon as possible". At the same time, some overseas media began to spread the rumor that "Fang suffered from great cruelties in prison" and "Fang had been secretly tried".

The Chinese side has engaged the US side through diplomatic channels. On October 16 last year, Chinese Foreign Ministry spokesman Sun Yuxi clearly pointed out at a regular press conference that the first branch of the Beijing People's Procuratorate had on September 14 instituted prosecution against Fang Fuming at the Beijing No.1 Intermediate People's Court. The "public prosecutor accused that Fang Fuming's acts had constituted the "crime of spying out State secrets" and bribery". Sun Yuxi refuted the rumor about "Fang fuming having been secretly tried". He stressed that "this case was handled strictly in accordance with related judicial procedures". After handling the case, the Beijing No.1 Intermediate People's Court had informed the US Embassy in China of relevant stipulations.

On October 22, last year, when the Beijing No.1 Intermediate People's Court publicly tried the "Fang Fuming case", US embassy officials sent persons to be present at the trial. In November, the court again tried this case.

On January 24 this year, an article carried in last December issue of the monthly "Legal System and News", an affiliate of the Legal Daily was relayed by mass media, which revealed some facts about the "Fang Fuming base". This article was widely relayed by Hong Kong and overseas media, laying bare to the world Fang Fuming's ugly behavior of giving bribes to State workers and engaging in espionage and thus lowered the noise of the US side.

After a sentence passed on Fang Fuming was announced by the Beijing No. 1 Intermediate People's Court on March 21, Chinese Foreign Ministry spokeswoman Zhang Qiyue said when answering a foreign reporter's question about the Fang Fuming case at a regular press conference: "What I want to point out is that China is a country ruled by law, we handle related cases according to the law."

Regarding this, the US State Department indicated: Personnel of our embassy in Beijing will, in light of our consistent practice, keep contacts with Fang Fuming and his families as well as the Chinese government, to acquaint ourselves with the situation. These remarks are clearly different from the previous statement and intransigent attitude of the US side. This greatly surprised some overseas media hostile to China.

Why Chinese-Americans Are Chosen as Spies

One conspicuous common feature of espionage cases in recent years is that most of the criminals have the capacity of Chinese-Americans. Although they are descendents of China, they are engaging in evil-doings by using shameful tricks and are thus endangering the security of the motherland and are thus held in contempt by all Chinese across the globe.

The reason why Chinese-Americans are chosen as spies is that this provides them convenience for activities in the inland and for the US side to support them. The United States, which styles itself as "the judge of human rights", always shows concern only for the "human rights" of these spies, while evading the serious problems of the harm caused by them to China, and thus inflates the arrogance of these criminals.

It is worth noting that the "Fang Fuming case" shows overseas organizations not only spy on China's political and military intelligence, but also have stepped up efforts to illegally obtain China's economic information. In this case, quite a number of leading cadres holding decision-making power over tendering of major State construction projects, downed before money, let out information about China's economic policy decisions and thus incurred serious losses to the State. Along with China's economic development, competition has become increasingly internationalized, protecting economic information and guarding against commercial espionage has become an important issue. The State will not belittle the matter and the Chinese people will consciously heighten their vigilance.

By People's Daily Online

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