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Cheung Tze-keung and 17 other Hong Kong residents are tried in the Mainland for crimes they are suspected to have committed in the Mainland and there is no question of the Mainland exercising jurisdiction over crimes committed by Hong Kong people in Hong Kong, the Secretary for Security, Mrs Regina Ip, said today (Tuesday).

"The mainland authorities are exercising jurisdiction over Cheung's case on the basis that some of the alleged crimes occurred in the Mainland and not because the HKSAR is part of the PRC," she stressed.

Mrs Ip explained that a briefing by the Administration today for the Legislative Council members on the case of Cheung Tze-keung was done behind closed doors because it would be inappropriate to engage in high profile discussion of the case when the trial proceedings in the Mainland are still on-going.

"Also we do not wish to prejudice in any way current investigations and impending proceedings in Hong Kong," she said.

Mrs Ip pointed out that Cheung's case was being handled in the same way as we would have handled cases involving other overseas jurisdictions.

"There is no question of the HKSAR not doing what it should have to assert its jurisdiction over the case and seek rendition of Cheung and his gang, as queried by some," she added.

The facts of the matter are -

- We have not yet established a formal rendition arrangement with the Mainland. There is however an administrative arrangement with the Mainland authorities whereby Hong Kong residents are returned to Hong Kong if they are involved solely in crimes committed in Hong Kong, or if they are also involved in crimes under the Mainland laws, after the necessary proceedings in the Mainland have been completed and the sentences, if any, have been served.

- Cheung Tze-keung left Hong Kong for the Mainland on his own volition and through the legal channel. At the time of his departure, we had not yet reached the stage where we were in the position to launch prosecution nor did we have a sound basis to arrest him.

- Subsequent to his arrest in the Mainland, we did not seek his return under the administrative arrangement because this would not be appropriate when investigation and court proceedings on Cheung had started in the Mainland for crimes committed under the Mainland laws. This is in line with international practice in the surrender of fugitive offenders.

Mrs Ip said it was unfair to criticise the Police for not having vigorously pursued the case to bring charges against the suspects.

"The Police attach great importance to this case and there is no question of the Police relinquishing their responsibility.

"Because the victims of the kidnap never reported the crimes, gathering of evidence has been very difficult. The Police have approached the victims, but have not reached the stage where they can launch prosecution," she added.

Police investigation of the alleged offences including suspected money laundering of the proceeds from the criminal activities of the gang continues.

The Police have also exchanged background information and intelligence with the mainland security authorities, similar to that given to other international agencies in the past.

Since the alleged crimes were committed both in the Mainland and in Hong Kong, the Police have also sent an officer to attend the trial in the Mainland as an observer, so as to gather any information that may be relevant to the follow up investigation in Hong Kong.

Regarding the trial in the Mainland, Mrs Ip explained that this was conducted in accordance with the Criminal Law and the Criminal Procedure Law of the PRC.

"Under the One country, two systems principle, the HKSAR does not, and is not in a position to interfere with the trial proceedings in the Mainland, in the same way that we would expect the mainland authorities will not interfere with ours.

"The HKSAR respects the Mainland's judicial system. Similarly, we do not interfere with the trial proceedings in other jurisdictions," she added.

End/Tuesday, November 3, 1998

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