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Referring to the points on Cheung Tze-keung case raised by Mr Martin Lee in RTHK (Radio 3)'s "Letter to Hong Kong" today (Sunday), a government spokesman has the following response:

"We recognise the value of putting in place a formal rendition arrangement with the Mainland and we have been actively considering how to take this forward with the relevant authorities. Given the immense differences in the legal and judicial systems in the Mainland and the HKSAR, (e.g. death penalty) we need to proceed carefully. Any proposed arrangements will have to take account of the "One country, two systems" principle, balance the need to prevent criminals from escaping justice and safeguard the rights of individuals.

"The Police have initiated investigation into the alleged crimes despite that the victims had not made a report. However, they have not reached the stage where they can launch prosecution. The Police are continuing their investigations, and a Hong Kong police officer has been sent to attend the trial to gather any information that may help in the bringing of charges in Hong Kong.

"There is no question of Hong Kong not doing what it should to assert its jurisdiction over this case, given the circumstances involved.

"While there is no rendition arrangement with the Mainland, there is an administrative agreement whereby Hong Kong residents are returned to Hong Kong if:

(a) they are involved solely in crimes committed in Hong Kong; or

(b) if they are also involved in crimes under Mainland law, after court proceedings and any sentence are completed there.

"The defendant in this case was arrested in the Mainland and is being tried for crimes allegedly committed in the Mainland. It is therefore inappropriate for Hong Kong to seek his return, while court proceedings are underway.

"This is in line with international practice in the surrender of fugitive offenders, i.e. the same would apply if the defendant had been arrested in and for crimes committed in another country."

End/Sunday, November 1, 1998

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