李懷慶-民營企業家,討論公安部貪腐問題,被指煽動顛覆國家政權等罪名重判20年,全數資產凍結

李懷慶原重慶市民營企業富華典當有限公司董事,熱心捐助弱勢社群,2017年底參與一個慈善活動,參與者太多為民營企業家和知名學者,其間討論到公安部貪腐問題。2018年1月,與公司幾名員工被公安帶走,李懷慶先被控「虛假訴訟罪」,至2019年1月又以「非法拘禁罪、詐騙罪、敲詐勒索罪和煽動顛覆國家政權罪」正式起訴,至2020年11月被重判20年,全數資產被凍結。李懷慶8名員工也被判處4年至16年不等。李懷慶妻子包艷表示會上訴。

Li Huaiqing was the director of a private enterprise in Chongqing. He’s famous for donating to help the underprivileged. In late 2017, while taking part in a charity event, participants – mostly private entrepreneurs and famous scholars – discussed the corruption problems of the Ministry of Public Security. In January 2018, Li and several staff from his company were taken away by the police. Li was first accused of “false litigation”. Until January 2019, Li was indicted for “false imprisonment, fraud, extortion and inciting subversion of state power”. At last, he was sentenced to 20 years imprisonment and all his assets frozen in November 2020. Eight of Li’s employees were also sentenced to jail, ranging from 4 to 16 years. His wife Bao Yan said they would appeal.

姓名: 李懷慶(Li Huaiqing)

出生日期:1966年4月29日
職業:退伍軍人、民營企業家(重慶市富華典當有限公司董事長),慈善家

被拘捕日期:2018年1月31日被公安抓走
被拘捕地點:重慶巿江北區
被拘捕罪名:2018年2月2日被重慶巿公安局刑事拘留,涉嫌「虛假訴訟罪」

正式被捕日期:2018年2月12日被正式逮捕
被起訴日期:2019年1月30日,重慶巿人民檢察院第一分院以「非法拘禁罪、詐騙罪、敲詐勒索罪和煽動顛覆國家政權罪」起訴李

法律代表:范辰律師,葛永喜律師。李在審訊前一直不獲准與律師見面,其律師及其家屬均未收到涉嫌「煽動顛覆國家政權罪」的逮捕通知書或文件

審訊日期:2020年6月8日在重慶市第一中級法院開審
審判日期:2020年11月20日

判決結果:罪名成立
刑期:判處有期徒刑20年,剝奪政治權利3年,名下資產全數凍結。李懷慶8名員工也被判處徒刑,刑期4年至16年不等。
關押地點:重慶巿江北區看守所

案件簡介:
李懷慶是重慶市民營企業富華典當有限公司的董事長,長期熱心公益事業。據李懷慶的太太包艷表示,李長期關注和資助弱勢群體,曾多年資助大涼山地區貧困兒童和家境困難的昔日當兵時的戰友,並參與救助塵肺病工人的「大愛清塵」活動,先後捐資三十萬元人民幣。

2017年底,他在杭州參加了「公和基金會」組織的慈善活動,期間大家談到公安部的貪腐問題。與會者建議將所掌握的情況用書信形式向習近平反映。由於與會者大多是上市公司老總和知名學者,公安部有所顧忌,於是將報復目標鎖定在李懷慶等民營企業家身上,以起到殺一儆百的作用。

2018年1月31日李和數名員工被公安抓走。2018年2月2日被重慶巿公安局刑事拘留,涉嫌「虛假訴訟罪」,2018年2月12日被正式逮捕。同年7月12日,重慶巿公安局以被告涉嫌「煽動顛覆國家政權罪」,向重慶巿江北區人民檢察院移送審查起訴。後者將案件在同月24日移交重慶巿人民檢察院第一分院審查起訴。第一分院以證據不足,事實不清為由,兩度發還案件至公安局作補充偵查,至2019年1月30日以「非法拘禁罪、詐騙罪、敲詐勒索罪和煽動顛覆國家政權罪」正式起訴李。當局同時凍結李懷慶、他的公司及他姐姐(未有涉及任何案件)的資產,涉及過億元人民幣。

李懷慶被指控在2017年10月至2018年1月間,在微信「以造謠、誹謗等方式煽動顛覆國家政權」七次發文,包括轉發文章「紅四方面軍在四川殺人百萬」及涉及「道義抗爭」、「暴力革命」等內容的錄音。這些微信訊息是李轉發給大兒子的私信,還有跟朋友聊天的內容。李太太表示「就是私底下的聊天,就讓他們作為證據,說他煽動顛覆國家政權。」。

羈押過程中,李懷慶的律師及其家屬均未收到涉嫌「煽動顛覆國家政權罪」的逮捕通知書或文件。案件於2020年6月8日在重慶市第一中級法院開庭審理,但沒有當庭宣判。法庭指由於疫情,限制李懷慶一方最多只能有兩名相關人員出庭。他的妻子包艷認為,法院是利用疫情做幌子 ,故意阻撓相關人員出庭作證。

2020年11月20日,李被判處有期徒刑20年,剝奪政治權利3年,名下資產全數凍結。李懷慶8名員工也被判處徒刑,刑期4年至16年不等。包艷表示會上訴。

*李並非原作者,他所轉發的文章介紹:1932年秋,紅四方面軍以張國燾為首率兵共約二萬餘人進入川北地區。據當時的《四川月報》記載,紅軍屠殺人民,全川在這次兵災中死亡人口為111萬之巨。

參考更多資料:
李太太包艷的推特:https://twitter.com/xmnyby

https://www.hrichina.org/en/citizens-square/private-chat-wechat-criminalized-appeal-wife-li-huaiqing-private-entrepreneur

https://www.epochtimes.com/b5/20/6/15/n12187721.htm

https://hk.appledaily.com/news/20201121/5UTYOL72CBAOPDJKZDSFQTG4EU/

資料更新:2021年1月5日

Name: Li Huaiqing (李懷慶)

Date of birth: 29 April 1966
Occupation: Veteran, private entrepreneur (Chairman of Chongqing Fuhua Pawn Co., Ltd.), philanthropist

Date of detention: taken away by police on 31 January 2018
Location: Jiangbei District, Chongqing City
Ground of detention: Chongqing Public Security Bureau put him under criminal detention on 2 February 2018, on suspicion of “false litigation"

Date of formal arrest: 12 February 2018
Date of Indictment: On 30 January 2019, the First Branch of the Chongqing Municipal People’s Procuratorate prosecuted Li for “false imprisonment, fraud, extortion and inciting subversion of state power".

Legal representation: Lawyer Fan Chen, Lawyer Ge Yongxi. Before the trial, Li was not allowed to meet with his lawyers, and neither his lawyers nor his family received an arrest notice or document informing them Li’s charge of “inciting subversion of state power"

Date of trial: On 8 June 2020, the hearing started in Chongqing No. 1 Intermediate People’s Court
Date of sentencing: 20 November 2020
Verdict: Convicted
Sentence: Li was sentenced to 20 years in prison, deprived of political rights for 3 years, and all assets under his name were frozen. Eight employees of Li Huaiqing were also sentenced to imprisonment, ranging from 4 to 16 years.
Location of detention/imprisonment: Jiangbei District Detention Centre, Chongqing City

Description:
Li Huaiqing is the director of the Chongqing private enterprise Fuhua Pawn Co., Ltd., and a prominent philanthropist. According to Li Huaiqing’s wife Bao Yan, Li has been caring for and funding disadvantaged groups. Over the years, he has subsidized poor children in the Daliangshan area and former comrades from the army who were in financial difficulties, volunteered for Da-ai-qing-chen (an organization to support migrant workers who contracted silicosis from workplace). He has donated about 300,000 yuan in total.

In late 2017, he participated in a charity event organized by the “Gonghe Foundation" in Hangzhou city, during which participants talked about corruption in the Ministry of Public Security. Participants suggested that they should report this problem to Xi Jinping by writing him letters. Ministry of Public Security got wind of this meeting and decided to punish private entrepreneurs such as Li Huaiqing as retaliation, while most of the other attendees were CEOs of listed companies and well-known scholars.

On 31 January 2018, Li and several employees were taken away by the police. He was criminally detained by the Chongqing Public Security Bureau on 2 February 2018, on suspicion of “false litigation", and was formally arrested on 12 February 2018. On 12 July of the same year, the Chongqing Public Security Bureau transferred his case to the People’s Procuratorate of Jiangbei District for review and prosecution on suspicion of “inciting subversion of state power." The latter further transferred the case to the First Branch of the Chongqing Municipal People’s Procuratorate for review and prosecution on 24 July 2018. On the grounds of insufficient evidence and unclear facts, it twice sent the case back to the Public Security Bureau for supplementary investigation. It was until 30 January 2019 that Li was formally charged with “false imprisonment, fraud, extortion and inciting subversion of state power". The authorities also freezed the assets of Li Huaiqing, his company and his sister (who has not involved in any cases), involving more than 100 million yuan.

Li Huaiqing was accused of “inciting subversion of state power by spreading rumors and slander" on WeChat in seven occasions between October 2017 and January 2018, including re-posting an article called “Fourth Red Army Killed Millions in Sichuan"*, sending audio clips including phrases such as “moral resistance", “violent revolution" to others. These WeChat messages are indeed private messages that Li forwarded to his eldest son and chats with his friends. Mrs. Li said that “those are simply private chats and are now used as evidence that he incited subversion of state power."

During detention, neither Li Huaiqing’s lawyers nor his family received an arrest notice or document stating that he “incited subversion of state power." The case was heard in Chongqing No. 1 Intermediate People’s Court on 8 June 2020, but no verdict was pronounced on that day. The court stated that due to the COVID-19 [andemic, the number of Li Huaiqing’s witnesses to testify in court was restricted to a maximum of two persons. His wife Bao Yan believes that the court was using the pandemic as an excuse to deliberately obstruct relevant personnel from testifying for Li.

Li was sentenced to 20 years in prison, deprived of political rights for 3 years, and all assets under his name were frozen on 20 November 2020. Eight employees of Li Huaiqing were also sentenced to imprisonment, ranging from 4 to 16 years. His wife said they would appeal.

*Li is not the original author of this article. The article he shared stated that in the autumn of 1932, the Fourth Army led by Zhang Guotao brought more than 20,000 soldiers to northern Sichuan. According to the “Sichuan Monthly", the Red Army massacred the local people and caused a total causality of 1.1 million.

More details:
Twitter account of Mrs Li, Bao Yan: https://twitter.com/xmnyby

https://www.hrichina.org/en/citizens-square/private-chat-wechat-criminalized-appeal-wife-li-huaiqing-private-entrepreneur

https://www.epochtimes.com/b5/20/6/15/n12187721.htm

https://hk.appledaily.com/news/20201121/5UTYOL72CBAOPDJKZDSFQTG4EU/

Updated on: 12 January 2021