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Following is a reply by the Secretary for Constitutional and Mainland Affairs, Mr Stephen Lam, (in the absence of Secretary for Security) to a question by the Hon Margaret Ng in the Legislative Council today (April 9):
Question:
Recently, quite a number of Mainland people serving prison terms in Hong Kong have written to me, expressing their wish to serve the remainder of their prison terms on the Mainland, so as to facilitate regular visits by their relatives and friends. However, the Government has yet to reach an agreement with the Mainland authorities on the arrangements for the transfer of sentenced persons. In this connection, will the Government:
(a) give a detailed account of the progress of the discussions with the Mainland authorities regarding the transfer arrangements;
(b) explain in detail the reasons why an agreement with the Mainland authorities has not been reached; and
(c) explain how, before an agreement is reached with the Mainland authorities, the Government addresses the wishes of the Mainland people requesting to serve their prison terms on the Mainland, and whether there are any ways to satisfy their wish?
Reply:
Madam President,
(a) According to Article 95 of the Basic Law, Hong Kong may, through consultations and in accordance with law, maintain juridical relations with the judicial organs of other parts of the country, and they may render assistance to each other. Over the years, the Government of the Hong Kong Special Administrative Region (HKSAR) and the Mainland authorities have been exchanging views on specific arrangements and issues related to the transfer of sentenced persons, including the conditions and procedures for transfer, through formal and informal meetings, and exchange of correspondence. At present, both sides continue to exchange views on the matter with a view to reaching an agreement at an early date.
(b) The Government of the HKSAR and the Mainland experts have always been very serious and prudent in the discussions on the transfer of sentenced persons. During previous discussions, both sides exchanged views on their respective legal systems and understanding on the relevant issues. However, due to the differences in the legal and judicial systems of the two places, experts from both sides still need to carry out further examination and deliberation on a number of complicated issues.
(c) At present, the Transfer of Sentenced Persons Ordinance (Cap. 513) only applies to the transfer of sentenced persons between the HKSAR and overseas regions, and between the HKSAR and the Macao Special Administrative Region (MSAR). The Ordinance does not apply to transfers between the HKSAR and other parts of the Mainland (i.e. other than the MSAR). To transfer sentenced persons between the HKSAR and the Mainland, appropriate arrangements have to be made between the HKSAR and the relevant Mainland authorities in accordance with Article 95 of the Basic Law. In addition, enactment of local legislation would be required to bring the arrangements into effect. Before that, there is no legal basis for us to arrange Mainlanders serving sentences in Hong Kong to be transferred to the Mainland to serve their remaining sentences there.
Notwithstanding the above, the Correctional Services Department (CSD) fully appreciates that keeping ties with and gaining support from relatives and friends can facilitate sentenced persons' rehabilitation. Therefore, CSD has all along been encouraging sentenced persons to maintain correspondence with their relatives and friends, and will allow them to make telephone calls to their relatives on the Mainland where necessary. CSD also arranges counselling for prisoners to help them live in harmony with their fellow prisoners. If any prisoner encounters language or other adaptation problems in prison, Prisoner Welfare Officers will provide suitable counselling and assistance to them.
Ends/Wednesday, April 9, 2008
Issued at HKT 16:31
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