Chinese researcher for NY Times to appeal-lawyer

BEIJING, Sep 4 (Reuters) A Chinese researcher for the New York Times who was sentenced to three years jail for fraud will contest the conviction after having beat a separate charge of illegally leaking state secrets, his lawyer said today.

Zhao Yan was tried in June on a charge that he gave the US newspaper details in 2004 of a rivalry between Chinese President Hu Jintao and his predecessor, Jiang Zemin, over military appointments.

At the same trial, Zhao was also accused of defrauding a rural official of 2,500 dollar in 2001. The prosecution said Zhao took the money with the broken promise that he would help the man avoid a sentence of ''labour re-education'' -- a form of imprisonment.

On August 25, a Beijing court unexpectedly rejected the state secrets charge, but found Zhao guilty of fraud and sentenced him to three years in jail. With the two years Zhao has already been detained, the sentence will keep him in jail until September 2007.

''Zhao Yan believes the accusation is absurd, and the court did not give him an opportunity to call witnesses who can prove his innocence,'' said his lawyer, Guan Anping. Guan said Zhao had signed papers today demanding the appeal.

Guan said Chinese procedure may allow the prosecution to contest the not-guilty verdict in the state secrets case, but he said there appeared to be little chance authorities will take that cumbersome and controversial step.

The appeal will be considered by the Beijing High Court and a hearing is at least a month off, Guan said.

REUTERS KR SSC1334