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Following is a reply by the Secretary for Security, Mr Ambrose S K Lee, to a question by the Hon James To in the Legislative Council today (Feburary 3):
Question:
According to recent media reports, Mr Zhou Yongjun, a leader of the June 4th democracy movement, was arrested and detained by the Hong Kong Police Force upon arrival in Hong Kong from the United States via Macao in September 2008. He was then removed by the authorities to the Mainland where he was detained. Recently, he was convicted by a mainland court of the offence of "financial fraud" and was sentenced to nine years' imprisonment. The reports cited the Government's response that visitors who did not possess valid travel documents and were refused entry would usually be repatriated to their places of origin and, before removal, the person concerned had the right to indicate the destination to which he wished to be removed or to lodge an appeal against the removal. In this connection, will the Government inform this Council:
(a) of the Police's reasons for arresting and detaining Mr Zhou Yongjun;
(b) of the Government's justifications and legal basis for removing Mr Zhou Yongjun to the Mainland; before removing Mr Zhou Yongjun, whether the authorities had allowed him to indicate the destination to which he wished to be removed, or to lodge an appeal against his removal; and
(c) whether Mr Zhou Yongjun was removed to the Mainland at the request of the mainland authorities; whether, in deciding to remove Mr Zhou Yongjun to the Mainland, the authorities had considered that he might be subject to political prosecution because of his capacity as a leader of the June 4th democracy movement?
Reply:
President,
In connection with the case in question mentioned by the Member of the Legislative Council, the Government of the Hong Kong Special Administrative Region (HKSAR) had, on various occasions, explained in detail the immigration control policy of the Immigration Department (ImmD) and the general repatriation arrangements. For details, please refer to my remarks during the Legislative Council's Motion of Thanks debate on the Policy Address 2009 last October and the topical discussions at the Panel on Security meeting held on November 3.
Whereas I believe that the Member who raised the question is well aware of our stance, I shall reiterate that the HKSAR Government will not comment on individual cases nor disclose any personal data relating to the case in question. Without prejudice to this principle, I can only address the three parts of the question in policy context and explain the general arrangements:
(a) The Hong Kong Police Force will only arrest and detain a person for the purpose of crime prevention or investigation, and on the basis of the powers conferred by the relevant laws.
(b) ImmD has the responsibility to uphold effective immigration control. The Department makes landing refusal decisions or repatriation arrangements in accordance with the laws of Hong Kong, prevailing policy and established procedures, and all information of the case available at the material time. In general, passengers who cannot produce authentic and valid travel documents will be refused permission to land. ImmD will act in accordance with the Immigration Ordinance to verify and repatriate the persons to their places of origin. Before effecting repatriations, immigration officers will clearly inform the persons who have been refused landing the places they will be repatriated. The persons concerned can make requests regarding the destinations or lodge appeals against the repatriations.
(c) The HKSAR Government abides by the rule of law and the "One Country, Two Systems" principle. Law enforcement agencies will not effect repatriations without legal basis arbitrarily and in contravention of the prevailing immigration policy and control measures. As pointed out in part (b) of the reply, ImmD will, based on the circumstances of the cases and whether the persons concerned have made any requests, make the landing refusal decisions and arrange repatriations independently. There is no question of interventions from other authorities or political considerations. President, allow me to stress once again that during the courses of making the repatriation decisions and arrangements, ImmD will clearly inform the persons who have been refused landing the places they will be repatriated. The persons concerned can object to the arrangements, make requests regarding the destinations or even lodge appeals.
Ends/Wednesday, February 3, 2010
Issued at HKT 12:45
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