Interview with Li Hongyuan: Huawei does not know how to deal with it, now it only wants personal freedom


Editor’s note: This article comes from the WeChat public account “Tencent Deep Web” (ID: qqshenwang), author Ma Guanxia Xiangxin, 36 氪 released with permission.Li Hongyuan’s dispute with Huawei has recently sparked public opinion.Earlier this morning, Li Hongyuan said to Tencent’s “Deep Web” that he originally intended to communicate with Huawei. Things have developed so far that he doesn’t know what to do next. Buy a train ticket at noon and return home.”I only want personal freedom now,” Li Hongyuan told Tencent’s “Deep Web.”Previously, Li Hongyuan, a former Huawei employee, was sued by the company for extortion and extortion for a payment of 300,000 compensation. After being detained for 251 days, he was released because of unclear criminal facts and insufficient evidence.The incident fermented a “Criminal Compensation Decision” which was exposed from the media on November 28. Li Hongyuan subsequently accepted multiple media interviews and expressed his personal appeal.The Hong Kong People’s Procuratorate’s Criminal Compensation Decision issued by Li Hongyuan to the media shows that he joined Huawei in 2005 and left in January 2018. He worked in the inverter department before leaving.Because the amount of resignation compensation differed from the company’s opinions, the two parties agreed to re-send him 331,576.73 yuan resignation compensation.In March 2018, the secretary of Li Hongyuan’s past department transferred 304,742.98 yuan (after-tax amount, the transaction summary was “compensation for the amount of separation”) to him through a private account.On December 16, 2018, Li Hongyuan was criminally detained by the Shenzhen Public Security Bureau on suspicion of extortion and was arrested on January 22, 2019.During this period, Li Hongyuan’s charges were changed twice, from the alleged occupation of the right to the violation of trade secrets to the extortion.In the end, he was released on August 23, 2019 for “unclear criminal facts and insufficient evidence” and was detained for a total of 251 days.This matter has received much attention since the media exposed, and the outside world has questioned whether Li Hongyuan was maliciously framed by the department he was in because he asked for compensation for termination.On November 30th, Li Hongyuan circulated an “open letter to Mr. Ren”, which wrote: “Recent public opinion on the Internet is not my original intention. Although I will eventually find a company to ask for an argument,But it will never be this way. “As public opinion continues to ferment, Huawei formally responded on December 2: Huawei has the right and the obligation to report suspected violations to the judiciary based on facts.We respect the decisions of the judiciary, including the security, procuratorate and courts.If Li Hongyuan thinks his rights have been damaged, we support him to use legal weapons to defend his rights, including suing Huawei.This also reflects the spirit of the rule of law in which everyone is equal before the law.In response to Huawei’s above response, Li Hongyuan responded to CBN, “Let ’s take a look first, I listen to the people of the country.” Li Hongyuan also said to the Beijing News: “Thank you for the training of the company over the past 13 years.It ’s not what the company wants to see, nor is it what I want to see. It is a small group of corrupt members inside the company that use the company ’s influence to achieve their unspeakable goals. I hope the company can communicate as soon as possible and solve it properly. ”Earlier, “Deep Web” learned from people close to Li Hongyuan that since the media reported and interviewed him, he was under great pressure, especially regarding his desire to talk to Ren Zhengfei, and was questioned by many public opinion.Excessive pressure has bought tickets ready to return home.The insider also told Deep Web that Li Hongyuan mentioned the dialogue with Ren Zhengfei many times in open letters and interviews. Previously, some employees inside Huawei successfully obtained Ren Zhengfei’s attention and resolved related issues through similar methods. Li Hongyuan actuallyIs following suit.On the evening of yesterday, Li Hongyuan’s attorney again issued a lawyer’s letter, stating that the open letter circulating on the Internet was not true.The development has so far exceeded everyone’s expectations, and many doubts surrounding the Li Hongyuan case have also caused continued speculation.Tencent’s Deep Web has sorted out the five core doubts of Li Hongyuan’s dispute with Huawei: Why is the compensation transferred using a private account?In an interview with Interface News, Li Hongyuan said that on March 8, 2018, he signed a confirmation letter in Shenzhen and received about 300,000 yuan transferred from the private account of Zhou, a secretary of He (Huawei HR in this case), that afternoon.Li Hongyuan wondered why it was a private account. He also called 60169 (Huawei HR Hotline) to inquire about the reason, but the other party said that it was a matter for his department and it was not under their control.Later, he also reported to the tax department that the money was not paid, and the tax department notified the company to pay the tax.Li Hongyuan said that he knew that no less than five Huawei colleagues’ termination compensation was obtained in this way, and believed that this was a workaround for Huawei.Some industry observers believe that the money transferred to Li Hongyuan through the HR private account belongs to the diversified funds of Huawei’s department, and this money will be placed on HR personal accounts within Huawei.However, this claim has not yet been confirmed by Huawei.Judging from the “Public Legal Opinion on Li Hongyuan’s Non-Prosecution Decision” (hereinafter referred to as “Legal Opinion”) submitted by Li Hongyuan’s lawyer to the Longgang District Procuratorate.On December 15, 2018, Huawei entrusted legal personnel Yuan to report to the Economic Investigation Division of Shenzhen Public Security Bureau, saying that the former company employee Li Hongyuan and others, “in the labor dispute with the company’s termination compensation, threatened to disclose the information,Requesting compensation from the company “, Shenzhen Public Security Bureau then filed a case with Li Hongyuan and others suspected of infringing on trade secrets.However, on December 16, 2018, public security organs conducted three interrogations on Li Hongyuan and confirmed that he did not commit any illegal acts that violated trade secrets.On December 28, 2018, Huawei supplemented the report materials and once again charged Li Hongyuan with the department leader He Moudong during the negotiation of termination compensation on January 31, 2018, using blackmail to force He Moudong to agree to pay an additional compensation of 330,000 yuan in private.In exchange for his promise of not making trouble, not reporting, and leaving successfully.Under pressure, He Moudong had to agree to give him 330,000 yuan.Li Hongyuan’s charge became extortion, and the evidence was exactly the transfer record of He Mou’s secretary Zhou Mou’s private account.According to Li Hongyuan’s interview with the media, he met with an attorney on April 1, and the attorney and his wife subsequently found backup copies of the recordings on the computer.The attorney Li Hongyuan wrote in the aforementioned Legal Opinions, “The” Forensic Expertise Opinions “and the written version of the recorded materials prove that the discussions at the time were based on talking and laughing between the two parties, and finally 2 hours 12 minutes 24Second full consultations reached a termination compensation agreement. There was no threat of threats or threats to Li Hongyuan throughout the entire process. “On August 22, Shenzhen Longgang District Procuratorate made a decision not to prosecute Li Hongyuan.The “Non-Prosecution Decision” states that the criminal facts determined by Shenzhen Public Security Bureau are unclear, the evidence is insufficient, and the conditions for prosecution are not met. In accordance with Article 175, paragraph 4, of the Criminal Procedure Law, the decision is not to proceed.The next day, Li Hongyuan was released.Is 251-day detention legal?From January 22, 2019 to August 23, 2019, whether the 251-day detention period is legal is one of the focuses of the outside world’s attention to the Li Hongyuan case.Tong Binchao, a partner of Zhejiang Zeda Law Firm, said in an interview with 21st Century Business Herald that the last 200 days is a legal deadline.”This is not detention. This is a criminal detention. Criminal detention is divided into two measures: detention and arrest. Detention can be detained for a maximum of 37 days. Generally speaking, public security agencies find that detention is generally detention for 3 days.More complicated, it can be extended to a maximum of 30 days. After 30 days, you must apply for the investigation and supervision section of the procuratorate to approve the arrest. The procuratorate has 7 days to decide whether to arrest, so the longest period is 37 days.If the procuratorate approves the arrest after review, the case will enter the period of investigative detention. The investigative detention is called arrest, and the arrest usually takes 2 months. After 2 months, the police can extend it if the case is considered complicated. After 37 days,The maximum arrest time can be extended to more than 7 months, which is the time of the public security. After the public security investigation, it is moved to the procuratorate to review and prosecute. The starting period is generally 30 days, which can be extended by 15 days, so the maximum time for a review is 45 days.If the procuratorate considers that the evidence is insufficient, it can return it to the public security organ for investigation. The investigation period is one month.After returning, the procuratorate recalculated the deadline, and it could be refunded twice, and the review period had 75 days. In short, the last 200 days or more were in compliance with the law. “It is worth noting that some people in the industry told” Deep Web “that Li Hongyuan wasRelease after 251 days in custody without final prosecution is not tantamount to acquittal.In an interview with 21st Century Business Herald, Tong Binchao also stated that “as for obituaries, it is impossible to draw conclusions about obituaries. There are many cases in which prosecutors do not prosecute. Here is to say that there is insufficient evidence to prosecute, and the industry is not suspicious.”This is not to say that this behavior does not necessarily constitute a crime, but that the Procuratorate believes that the evidence is insufficient and relatively not to prosecute, not absolutely not to prosecute. In other words, it does not mean that it does not commit a crime, which does not mean that it is false accusation. “Framed, it is also necessary for employees to give evidence to prove that Huawei falsely accused the frame. “Tong Binchao believes that this is a common case and there is nothing special.Li Hongyuan applied for state compensation on October 24, 2019. On November 25, one month later, the Longgang District Procuratorate issued a “Criminal Compensation Decision.””According to the provisions of Article 17 of the National Compensation Law, Li Hongyuan was terminated according to law for criminal liability due to insufficient evidence after the arrest of the Procuratorate approved the arrest, and there is no national exemption, and he is entitled to state compensation.”Including compensation for personal liberty damages, comfort for mental damage.Is “An Open Letter to Mr. Ren” by Li Hongyuan himself?On November 30, Li Hongyuan circulated an “Open Letter to President Ren”.The following is the general trust that Li Hongyuan wrote to Ren Zhengfei: Hello!I am Li Hongyuan, a former employee of the network energy inverter.Maybe you don’t remember who I am. You have forgotten the fat man who blocked you at the door of the conference room two years ago.At that time you asked me to go to Mr. Lu Ke, or Mr. Tao Jingwen to reflect the problem.I said: Would it have been possible if Fan Ye had spoken to King Zhuang Xiang through Wei Ran?You meditate for a few seconds and say, “Yeah … but go to Lu Ke or Tao Jingwen.”If Fan Ye passed Wei Ran’s suggestion for reforming Wang Zhaoxiang back then, he would naturally be in a different place.Of course, this is my end now. Can the company continue to play fan?If this happened to me at that time, I think I would be different.Fortunately, in the 21st century, human civilization has taken a big step forward. Until today, I have eluded charges and continue to write this letter to you.Recently, public opinion on the Internet has been fierce. This is not my intention.Although I will eventually find a company to discuss, but it will never be this way.I am here for my carelessness and would like to apologize to you and the company here.This kind of public opinion happens not only to damage the interests of the company, but also to the interests of me and you.Therefore, I would like to take a stand here. If the company is willing, I can pursue the legal responsibility of a Sina University V in my name.For me personally, although I have suffered the most severe revenge for defending the interests of the company, my 12-year career at Huawei has ended.But I do not regret my choice.In the age of crooked paradoxes, it takes a price to tell the truth.This is true both at home and abroad.Socrates dared to tell the truth and was sentenced to death by the court.Fang Xiaoxun insisted that Zhu Xi was a usurper and that he was exiled to ten ethnic groups.Someone will say that I have to say “false words” as a last resort, so I am an honest person.Because I believe that Huawei must be more fulfilled if we stick to the truth.As for telling the truth, I was accused of extortion and extortion, leading to innocent imprisonment. Grandpa was frightened and died unfortunately. The child’s heart was also overshadowed. I hope that afterwards you will take up a coffee time and talk alone.Of course, for some leaders who may bear criminal responsibility in this case, I will only tell one story: After the return of King Chu Hanxin to his hometown, someone offered a place where he had been subjected to the humiliation of his Majesty.He became the guard.Finally, I thank the inverter Peng Zong for his courage and encouragement. It is your uncle ’s teaching that allows me to stand firmly on the opposite side of corrupt elements in the future.Li Hongyuan was late on November 28, 2019. However, on December 2, Li Hongyuan’s attorney stated in a statement that “by communicating with Li Hongyuan, he learned that the so-called” letter to Ren Zhengfei “circulating on the Internet by Li Hongyuan” was notIt comes from Li Hongyuan’s hand. Its provenance is difficult to verify. “But an insider close to Li Hongyuan provided the” Shenwang “with evidence that the above-mentioned open letter circulating on the Internet did indeed come from Li Hongyuan himself.Li Hongyuan told Tencent “Deep Web” that some of the content in the middle was not his original intention.Why didn’t Li Hongyuan sue Huawei directly?In response, Huawei said, “If Li Hongyuan believes that his rights and interests have been damaged, we support him to use legal weapons to protect his rights and interests, including suing Huawei.” A Huawei insider told Deep Web that, as a matter of common sense,If he was actually falsely accused, Li Hongyuan could sue and ask Huawei to compensate accordingly, but Li Hongyuan did not do so.Some outside commentators said that Li Hongyuan, as a small individual, confronted Huawei and would naturally be in a weak position when he resorted to the law.Judging from the information available, Li Hongyuan’s attitude towards Huawei is basically to solve problems cooperatively, not to seek confrontation.On September 16, 2018, Li Hongyuan wrote in a post titled “Huawei Inverter Business Counterfeiting” on the End of the World Forum, “For me personally, although I was severely retaliated for defending the interests of the company,Huawei ’s 12-year career has ended, and I do n’t think I regret my choice. Someone always has to go ahead, and people do n’t understand it. ”At that time, he had not yet been detained.And after being detained for 251 days, he returned to Ren Zhengfei’s open letter and still sought to communicate early and solve the problem properly.He hoped to meet Ren Zhengfei and stated that if Huawei wanted to, he could pursue the legal liability of a Sina University V in his name.Regarding the option of resorting to law, Li Hongyuan’s wife said in an interview with Surging News that she has not yet considered whether she will sue Huawei.”Li Hongyuan’s wife also said that public opinion has fermented to the present, and Huawei’s people have never sought them through.”The Procuratorate should also issue relevant letters to Huawei, hoping that they can help restore their reputation, but we have not received a reply from Huawei so far.” Is there any internal corruption in Huawei and should we apologize?Previously, an article entitled “Netease layoffs, let security guards kick me out of the terminally ill company” detonated the Internet has attracted widespread attention. After Netease reached a settlement with the former employee, related topics continued to ferment and more happened.Successive labor disputes between enterprises and employees have been exposed.The Li Hongyuan case is another typical example of labor disputes that frequently erupt in technology companies.In the past few years, the rapid development of the technology Internet industry has attracted thousands of young people to struggle and settle down. However, the fierce competitive environment and changing industry status quo have caused the company’s survival to fluctuate, and strategic transformation and change have continued to directly or indirectly affect employeesMake a huge impact.Prior to the Li Hongyuan case, Huawei’s reputation reached its peak under the blessing of well-known reasons. No one could think that in just a few days, Huawei’s image in the public’s mind would be greatly harmed.External public opinion is growing that Huawei should apologize to Li Hongyuan. So, should Huawei apologize?The Beijing News called He Mou, a Huawei HR officer who negotiated with Li Hongyuan.He Mou said that the accusation against Li Hongyuan “has nothing to do with Huawei” and has nothing to do with himself. “You can contact the procuratorate for a clearer truth.”Several insiders close to Huawei said to Deep Web that “Huawei has no power to decide whether to detain for 1 day or 251 days. Huawei’s current idea is to resolve the problem through legal means.” In fact, Huawei was accused of “coldness”This can be clearly seen in the response.The contradiction seems to be here too: Huawei wants the legal solution, and Li Hongyuan wants Huawei to apologize first.At present, the truth of this matter has yet to be restored by all parties, no matter from the perspective of Li Hongyuan or Huawei, there are still a lot of core details that have not been disclosed to the public, leaving open questions.According to the Southern Metropolis Daily, the Shenzhen Municipal Public Security Bureau’s Economic Crime Investigation Bureau responded that it was learning to handle the matter..