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Taiwan Reverses Bar On HK Murder
Suspect Wishing To Surrender |
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Hong Kong resident Chan Tong-kai murdered his girlfriend and escaped to Hong Kong. The case has caused Taiwan and Hong Kong to point fingers at each other over judicial jurisdiction.
(Photo from: Facebook Page) |
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Suitcase Murder Suspect Requests Assistance To Surrender Himself To Taiwan
United Daily News, October 19, 2019
Murder suspect Chan Tong-kai, whose case triggered the four-month long protests in Hong Kong, will be released on Wednesday, October 23, after serving prison for money laundering. He is suspected to have gruesomely murdered his girlfriend in Taiwan and abandoned a suitcase which contained the victim’s corpse.
According to Hong Kong media, Chan has agreed to come to Taiwan to “surrender himself to justice” under the advice of his priest, Reverend Peter Koon. Hong Kong Legislative Councilor Priscilla Leung suggests that the Hong Kong government send an observer to accompany Chan to Taiwan and provide legal aid to Chan to protect his right to a fair trial.
The Hong Kong government issued a press release on October 18 saying that Chief Executive Lam had received Chan’s letter and decided to grant him his wishes by instructing her government to make necessary arrangements for Chan to go to Taiwan. In addition, the news release also mentioned that the Criminal Investigation Bureau of Taiwan had received a letter to that effect from the Hong Kong Police Force today.
Chan Tong-kai came to Taiwan with his girlfriend Poon Hiu-wing on vacation in February last year. During their stay in Taipei, Chan, out of suspicion of being cheated on by his girlfriend, allegedly strangled Poon to death and stuffed her body in a suitcase and dumped the suitcase and went back to Hong Kong alone. The Shilin District Public Prosecutors Office issued a warrant for Chan's arrest on murder charge and asked Hong Kong to extradite him to Taiwan for trial, Hong Kong has been unable to do so due to the lack of mutual legal assistance agreement between the two sides. The legal system of Hong Kong is based on the principle of
jus soli. As a result, Hong Kong does not have legal jurisdiction over the murder case in Taiwan and could only charge and sentence Chan on misdemeanor charges such as money laundering.
Subsequently, Hong Kong government proposed the Fugitive Offenders Amendment Bill in February 2019 in the hope that the amendment would allow Hong Kong to extradite criminal suspects to mainland China, Macao, and Taiwan and offer necessary legal assistance.
Hong Kong Chief Executive Carrie Lam said the amendment bill was meant to fix the current legal loopholes. Nevertheless, the proposed bill triggered widespread protests in Hong Kong because people there worry that they could be extradited to mainland China for trial once the bill is passed. Despite that Carrie Lam announced on September 4th to withdraw the proposed amendment bill, the protests and demonstrations since June still continue in the streets of Hong Kong.
According to Hong Kong media, priest Peter Koon has repeatedly visited Chan in prison for the last few months and urge Chan to accept the criminal responsibility. Chan has decided to “surrender himself to justice” in Taiwan after he is released from prison and merely wishes that Taiwan won’t give him the capital punishment. Chan has signed a power of attorney to appoint a lawyer in Taiwan, so to “surrender himself to justice” is not just a verbal commitment.
Koon also revealed that Chan has converted to Christianity and was baptized in prison. Chan offered deep remorse for the victim’s family and hoped that the anti-extradition amendment bill protests would calm down after his surrender to Taiwan authorities.
Chan is expected to meet with his family first after he is released next Wednesday and will need to apply for passport and visa to come to Taiwan. His actual date of arrival in Taiwan is temporarily unavailable.
From: https://udn.com/news/story/7331/4113124
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The Tsai administration has faced heavy public criticism over its inconsistent policy towards Hong Kong murder suspect Chan Tong-kai.
(Photo from: United Daily News) |
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Tsai Administration Reverses Course: Taiwan Sends Letter To Hong Kong Seeking To Retrieve Murder Suspect
China Times, October 23, 2019
Homicide suspect Chan Tong-kai, who murdered his Hong Kong girlfriend in Taiwan, was released from prison after serving his sentence. Recently, Chan expressed willingness to surrender himself to justice in Taiwan, but the situation has turned into a political rivalry between Hong Kong and Taiwan.
Taiwan’s Mainland Affairs Council (MAC) has said that it will not accept Chan unless the suspect comes through mutual judicial assistance with the Hong Kong government. However, yesterday evening, the Ministry of Justice (MOJ) and MAC held press conference and reversed policy. “If Hong Kong will not review the case, we will.” The press conference indicated that Taiwan has sent a letter through the Taiwan-Hong Kong Economic and Cultural Co-operation Council (THEC) asking to send personnel to Hong Kong on October 23 to escort the suspect back to Taiwan.
Unable to detain suspect, Hong Kong rejects cooperation
In response, Hong Kong’s Department of Justice stated last night that any person will be released after serving his prison sentence in Hong Kong. The Hong Kong government has no legal basis to continue to detain a former prisoner. The department stated that Hong Kong is a society based on the rule of law and government agencies are to perform their duties in accordance with the law and cannot exercise their powers at will. In essence, Hong Kong’s Department of Justice rejected Taiwan’s request to come retrieve the suspect.
MAC spokesperson Chiu Chui-cheng indicated that, regarding this present case, Taiwan has repeatedly requested Hong Kong to provide judicial assistance, and both Taiwan and Hong Kong have jurisdiction. However, the Hong Kong government had no intention to hear the case even until the last moment. “If Hong Kong will not review the case, we will.” The MAC hopes that Hong Kong will provide the legitimate assistance as promised in previous statements and provide the related case files like confessions and court transcripts to Taiwanese personnel for further proceedings.
MAC, MOJ calls for mutual judicial assistance
Hong Kong’s Department of Justice pointed out in a statement yesterday that Hong Kong pursues justice based upon the principle of territoriality and generally only has jurisdiction over crimes committed within Hong Kong’s boundary. It also reiterated that this case should be treated with caution and consider comprehensively police investigations and available evidence. In Hong Kong, there is only sufficient evidence to sue the suspect for money laundering. There is insufficient evidence to prosecute Chan in Hong Kong courts for other offenses.
The statement indicated that the Hong Kong Department will not file a lawsuit without available evidence and applicable laws and reminded Taiwan that once prosecution commences without sufficient evidential and legal bases, under the principle of double jeopardy, it may not be possible for subsequent prosecution of the same criminal act in another jurisdiction.
The statement also reminded Taiwan that it is only proper for any civilized society to bring lawbreakers to justice. The suspect surrendered in response to a wanted order and is now willing to bear his legal consequences, which will manifest justice. Refusing to let the suspect surrender is not only defies justice but is also contrary to the rule of law.
While attending an event in Changhua, President Tsai called the attitude of the Hong Kong government irresponsible. Tsai said that Taiwan is already prepared and has never given up jurisdiction. Kuomintang (KMT) presidential candidate Han Kuo-yu criticized Tsai. The Democratic Progressive Party (DPP) claims to defend the sovereignty of the Republic of China but so easily forsakes judicial authority. Han said that the people cannot tolerate this government.
Tsai: Hong Kong irresponsible, Taiwan never gave up jurisdiction
Explaining the sudden change in policy, Vice Premier Chen Chi-mai said on Facebook last night that the policy reversal came after Premier Su Tseng-chang ordered to set up an inter-ministerial team, which decided in a meeting yesterday.
If Hong Kong does not respond to Taiwan’s request, will Chan be approved to come to Taiwan? Deputy Minister of the Interior Chen Tsong-yen said that Chan is a wanted criminal and cannot apply for a visa online. He can only apply in writing. Based on future mutual judicial assistance, we have officially notified the Hong Kong government that we hope to let the suspect come to Taiwan under this mechanism, Chen said.
From: https://www.chinatimes.com/newspapers/20191023000555-260108?chdtv
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Tsai Administration Against Extradition To Taiwan, Pretends It Never Demanded Repatriation
United Daily News Editorial, October 21, 2019
Chan Tong-kai, the Hong Kong man who murdered his girlfriend in Taiwan, recently expressed his willingness to come to Taiwan to give himself up to the police. The Hong Kong government has also stated that they would arrange for him to come to Taiwan for trial. However, the administration of President Tsai Ing-wen has vehemently rejected this, which is very surprising. The Mainland Affairs Council has criticized the Hong Kong government for avoiding responsibility and abandoning jurisdiction, calling on the Hong Kong government to continue to detain and investigate Chan in Hong Kong. President Tsai Ing-wen then added that this case requires " judicial mutual assistance" between Hong Kong and Taiwan and hopes that Hong Kong will provide judicial assistance. If the Hong Kong government decides to try the case in Hong Kong, Taiwan will also provide legal assistance, President Tsai said.
The passive and flip-flop response of the Tsai administration regarding the Chan case is shocking. People have not forgotten that the initial fuse of the whole Hong Kong protests situation and its current difficult to contain situation is that we urged the Hong Kong government to study and revise the "Fugitive Offenders Ordinance" in order to deport Chan to Taiwan for trial, and to include Taiwan in the "judicial mutual assistance" range. However, the Hong Kong government miscalculated the situation and extended the scope of deportation to mainland China, causing huge uproar and protest from the people of Hong Kong. Now the Hong Kong protests have been ongoing for six months without stop, while Chan, who was solely charged with the light sentence of money laundering, will be released from prison soon. After being persuaded by a priest, he is willing to come to Taiwan for trial. Who would have expected that now the Mainland Affairs Council is against extradition to Taiwan, denying Taiwan’s judicial jurisdiction?
Reviewing the situation from start, it is not difficult to see the Tsai administration’s flip-flop behavior based on their interests. Last February, Chan brutally killed his Hong Kong girlfriend Pan Hui-wing and abandoned her body, then fled back to Hong Kong. Because Hong Kong's judiciary is territorial, it has no jurisdiction over the murder case. He only received a light sentence for "money laundering". The father of the victim came to Taiwan several times and asked the prosecution to bring Chan to Taiwan for trial. The Shilin District Prosecutor's Office issued requests for repatriation to the Hong Kong government a total of three times in March, April and July of last year. However, Hong Kong did not respond proactively. Hence, the Shilin District Prosecutor's Office also issued a wanted order for Chan in December of last year, which will last for 37.5 years.
Hence, Chan is a wanted murder suspect by Taiwan. Now that he is willing to come to Taiwan for trial, the Tsai administration is denying him access to Taiwan. Is this not ironic for a government that claims to stand for judicial justice and respect for human rights? Let’s not forget, back in 2010, a British businessman Callum Rafael Scott killed a news delivery person and fled back to the UK with a fake passport; At that time, we repeatedly requested extradition, until the British High Court ruled this month that he was excused from extradition to serve in Taiwan. This was a disappointment in our judicial jurisdiction. In the case of Callum Rafael Scott, the Ministry of Foreign Affairs said we would state an appeal. In the case of Chan, however, the Mainland Affairs Council is rejecting a case that has presented itself right at our doorstep. How many sets of human rights and judicial standards does the Tsai administration have?
From the initial failure of deportation causing the protest movement in Hong Kong to the present suspect’s willingness to take part in trial but the Mainland Affairs Council refusing extradition to Taiwan, the curious turn of events has completely exposed the Tsai administration’s delicate calculations. The main reason is that during the half year of the anti-government protests in Hong Kong, Taiwan’s political situation has completely been covered by the smoke of the Hong Kong situation, any Tsai administration policy failures, personnel unfitness, and failure to take advice have all been hidden. In this situation, once Chan is transferred to Taiwan for trial, not only will the attention be placed on Taiwan’s judicial trial process, but the Tsai administration is worried that smoke from the Hong Kong protests will clear, and the ruling Democratic Progressive Party (DPP) will no longer be able to passively benefit from the situation.
Actually, the fact that the Mainland Affairs Council immediately used “avoiding responsibility” and “abandoning jurisdiction” as reasons to object the Hong Kong government from deporting to Taiwan, not only shows its unsound mind, but each criticism can also be reflected on the Tsai administration.
First, Taiwan requested deportation several times, and placed Chan on the wanted list, but now is afraid that he will attend trial in Taiwan, this is completely a superficial attitude of professing love to what one really fears. If the Hong Kong government is avoiding responsibility, the Tsai administration’s responsibility avoidance techniques are only more superior.
Second, Taiwan’s Criminal Code states that for crimes committed within the territory of the Republic of China, Taiwan’s Criminal Code is applicable. The Shilin District Prosecutor's Office requested deportation of Chan to Taiwan to attend trail, this is based on the spirit of national sovereignty and judicial jurisdiction, with no room for discussion.
Third, throughout the Hong Kong protest movement, the Tsai administration has repeatedly stated Taiwan’s value of freedom and rule of law, many Hong Kong citizens also recognize Taiwan’s democracy. Then, on the trial of Chan murder case, the Tsai administration must act in the spirit of democracy and rule of law and leave no room for avoidance.
From: https://udn.com/news/story/7338/4116050
Update:
Hong Kong murder suspect Chan Tong-kai is willing to turn himself in to Taiwan, yet Taiwan’s government refused to receive him, surprising the public. The Tsai administration conceded to public criticism and reversed its initial position to “If Hong Kong does not handle the case, then we will handle it.” The Tsai administration intends to send personnel to escort Chan to Taiwan. Taiwan has always been proud of its democracy and rule of law, but political fear and avoidance of a Hong Kong suspect has brought shame to our rule of law. The inconsistent positions of Mainland Affairs Council, which as guided investigations throughout the process, has upset prosecutors and judges and damaged the credibility of the judiciary.
From: https://udn.com/news/story/7338/4120129 |
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Refusing To Let Suspect Surrender, Tsai Administration Harvests Political Dividends And Sells Out Judicial Sovereignty
By Kao Yuan-liu
United Daily News, October 18, 2019
Chan Tong-kai, who is suspected of murder in Taiwan and later fled to Hong Kong and whose case triggered the protests in Hong Kong, has expressed his wish to surrender himself to justice in Taiwan following his release from prison in Hong Kong next week. If Chan is indeed willing to surrender to Taiwanese authorities, then the Taiwanese government, be it the Ministry or Justice or the Mainland Affairs Council, has no reason to refuse his position.
Ever since the Democratic Progressive Party (DPP) took power in 2016, it has frequently used slogans like defending Taiwan’s sovereignty and putting Taiwan first, particularly in cases involving judicial jurisdiction. As in past cases involving Taiwanese fraudsters in places like Africa or Southeast Asia, the DPP administration has always demanded that the criminals be extradited to Taiwan rather than mainland China, based upon Taiwan’s claim to judicial jurisdiction.
Now, when judicial sovereignty should be a priority, the DPP administration has abandoned the possibility of trying Chan in our court system merely because of its political support of the Hong Kong protests against the extradition bill. Openly, it has urged Hong Kong to uphold the position of law enforcement, prosecute the suspect for murder, and continue detaining and investigating according to its legal procedures, a position that sells out Taiwan’s sovereignty.
Judicial sovereignty is a vital part of national sovereignty. Taiwan has judicial jurisdiction over any crime committed within our territory, either by our nationals or foreign citizens.
Furthermore, our Criminal Code provides the basis of jurisdiction over certain specific crimes committed by our nationals overseas and crimes that carry a minimum sentence of three years. There are also regulations on jurisdiction of crimes committed by foreigners against our nationals overseas.
Regulations may differ among countries and territories. For Hong Kong citizens who commit crimes outside of Hong Kong, in Taiwan for instance, the existing laws of Hong Kong do not provide jurisdiction to its authority. Because of this, the courts in Hong Kong can only prosecute Chan, who committed manslaughter in Taiwan then fled back to Hong Kong, for burglary, since Chan committed theft when he stole the victim’s credit card, as well as possession of stolen goods, namely taking the victim’s cell phone and camera.
Shortly following the crime, Taiwan’s judicial agencies requested the Hong Kong authority, through the Mainland Affairs Council, to send Chan to Taiwan. However, due to the fact that there is no extradition treaty between Taiwan and Hong Kong, the Hong Kong authorities were unable to arrest and deliver Chan to Taiwan. Even though extradition proved to be infeasible, in order to distinguish judicial sovereignty, our judicial authority has, through various channels, informed the Hong Kong authorities and other countries of our position to extradite Chan to Taiwan. Essentially, this is a declaration of national sovereignty.
But one could not have imagined that the DPP administration would dramatically change its position over this murder case after it triggered the anti-extradition law movement in Hong Kong.
Upon hearing the news that Chan intended to voluntarily surrender himself, the government openly expressed its position that it would not welcome Chan in Taiwan. Instead, it hoped that Hong Kong authorities would enforce the law, prosecute the suspect for murder, and continue detaining and investigating according to its legal procedures.
The DPP administration clearly knows that Hong Kong authorities cannot possibly investigate and prosecute Chan for manslaughter committed in Taiwan. However, in order to take advantage of the political benefits of the Hong Kong protests, it is blatantly selling out Taiwan’s judicial sovereignty of Taiwan, setting a bad precedent of political intervention on judicial matters.
From: https://udn.com/news/story/7339/4113148
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October 14: Recently, food deliverymen have been killed in car accidents. However, due to the non-employment relationship between delivery personnel and employers, there are no labor rights such as labor insurance and compensation for occupational injury. The Ministry of Labor, together with Taoyuan and Taipei’s Labor Inspection bureaus, investigated platforms like foodpanda and Uber Eats and identified these operators as “false contractors” and “genuine employers.” They must provide insurance for delivery personnel and provide compensation for occupational injury within the time provided by the regulations.
October 15: Responding to air defense needs, the Air Force has worked to strengthen its capabilities. The 142 F-16A/B Blk20 fighter jets in service are undergoing improvement, but the budget center of the Legislative Yuan disclosed that the Aerospace Industrial Development Corp. (AIDC) employed to implement the project has not put forth adequate manpower. There has also been a delay due to the correction of unplanned defects. This has resulted in a serious delay in handover. About a quarter of the current F-16 fleet is lying in the AIDC factory, which affects considerably dispatch of combat forces.
October 18: The contest for nationwide legislative seats within the Democratic Progressive Party (DPP) has been brought to the table. Legislative Yuan Speaker Su Jia-chyuan, dissatisfied that his nephew was not given a safe spot on the party list, mobilized faction members to boycott the DPP’s Central Executive Committee meeting, causing a gridlock in the nomination process. Su’s wife Hung Heng-chu has also threatened to leave the DPP to run for legislator. DPP Chairman Cho Jung-tai said that the party will not take any threats.
October 18: Kuomintang (KMT) presidential candidate Han Kuo-yu questioned the amended Labor Standards Act and southward extension of the High Speed Rail (HSR), two main policy initiatives of the Tsai administration. If elected, Han promised that he would abolish the current labor reform provisions and not agree to the current southward extension route of the HSR. He advocates reviewing and implementing the most economically feasible plan.
October 19: KMT presidential candidate Han Kuo-yu met with James Moriarty, chairman of the American Institute in Taiwan (AIT). Han indicated that there are less than 90 days remaining until the presidential election, and there is great pressure for time. For this reason, he will not be able to visit the United States. But should an opportunity arise after the election, Han said that he will definitely visit the U.S. Han also stated that he will delegate his wife Lee Chia-fen to visit the United States on his behalf and meet overseas compatriots. Han appealed to the overseas Chinese community to return to Taiwan next year to vote, in order to attain the goal of removing the DPP from political office.
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Taiwan Weekly is a newsletter released every week by Fair Winds Foundation, Taipei Forum, and Association of Foreign Relations that provides coverage and perspectives into the latest developments in Taiwan.
The conclusions and recommendations of any Taiwan Weekly article are solely those of its author(s), and do not reflect the views of the institutions that publish the newsletter.
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