Police response on Chan Tong-kai case
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HKPF and the police unit in Taiwan have handled cases through a police co-operation mechanism. The mechanism is in charge by dedicated officers of HKPF who maintain regular communication with Taiwan. HKPF would deal with requests from the police unit in Taiwan in an appropriate manner. Furthermore, HKPF are willing to let the family of the deceased have the contact information of Hong Kong officers in case the family wishes to pass it to the Taiwan police unit to remind Taiwan to contact HKPF.
The police co-operation mechanism, the platform for communication between the police units in Hong Kong and Taiwan, is different from mutual legal assistance (MLA). In Hong Kong, evidence obtained through a particular crime investigation can only be used for the particular case under the law. Any surrender of evidence should be conducted under MLA procedures. At present, the Mutual Legal Assistance in Criminal Matters Ordinance does not apply to Taiwan. Therefore, there is no legal framework for surrender of evidence. All police operations and assistance must be carried out by the law.
As the situation has established, further development could only be resulted if Taiwan would allow Chan Tong-kai to enter Taiwan. If the approval is given in principle, Hong Kong and Taiwan can examine and arrange Chan Tong-kai’s trip through the police co-operation mechanism at once.
On the other hand, the Court has instructed HKPF to return exhibits belonging to the deceased to her family. HKPF contacted the family regarding the return of the exhibits. HKPF will return the exhibits to the deceased’s family according to the law of Hong Kong and the Court’s instruction.
HKPF will continue to communicate directly with the deceased’s family and provide feasible assistance. HKPF do not comment on the details of meeting arrangements.
Ends/Sunday, October 25, 2020
Issued at HKT 16:00
Issued at HKT 16:00
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