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LCQ13: Reciprocal notification mechanism
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     Following is a question by Dr Hon Kwok Ka-ki and a written reply by the Secretary for Security, Mr Lai Tung-kwok, in the Legislative Council today (February 3):

Question:

     In October 2000, the then Secretary for Security and the Director of the Office of Hong Kong, Macao and Taiwan Affairs of the mainland Ministry of Public Security signed the "Arrangements on the Establishment of a Reciprocal Notification Mechanism between the Mainland Public Security Authorities and the Hong Kong Police" (the Notification Mechanism).  The Notification Mechanism has operated since January 2001. Under the Notification Mechanism, the Liaison Officer of the Ministry of Public Security (the Mainland Notification Unit) shall be responsible for giving notifications to the Liaison Bureau of the Hong Kong Police Force (the Hong Kong Notification Unit) on the imposition of criminal compulsory measures by the Public Security authorities and customs authorities (with the coverage of the Notification Mechanism having been extended to include cases handled by the People's Procuratorates and the Ministry of State Security since June 1, 2003) on Hong Kong residents suspected of having committed crimes, and unnatural deaths of Hong Kong residents on the Mainland. The Hong Kong Notification Unit shall be responsible for giving notifications to the Mainland Notification Unit on the criminal prosecutions instituted by the Hong Kong Police Force, the Customs and Excise Department and the Immigration Department against mainland residents, and unnatural deaths of mainland residents in Hong Kong. The Notification Mechanism is an administrative arrangement operating on the basis of mutual respect for the relevant laws of both parties. In this connection, will the Government inform this Council, in the past five years:

(1) of the respective numbers of notifications given by the Notification Units of both sides each year, with a breakdown by the time between the date on which a case occurred and the date on which notification was given on that case; the number of cases as notified by the Mainland Notification Unit in the past five years, broken down by the province in which the relevant case occurred; whether it knows, where a case occurred in places outside the Guangdong Province on the Mainland, if notification of such a case to Hong Kong is required to be given through the Guangdong Province;

(2) of the number of cases in which the Mainland Notification Unit gave notifications each year on the imposition of criminal compulsory measures on Hong Kong residents and the number of Hong Kong residents involved, with respective breakdowns by the authorities and offences involved; among such residents, of the respective numbers of those arrested, prosecuted, convicted and sentenced to imprisonment;

(3) of the number of unnatural deaths of Hong Kong residents on the Mainland as notified by the Mainland Notification Unit each year;

(4) whether the Government, upon receipt of notifications, took the initiative to provide assistance to the Hong Kong residents concerned and their families; if so, of the form of assistance provided and the outcome; and

(5) whether the Security Bureau conducted regular reviews in collaboration with the mainland Ministry of Public Security, on the implementation of the Notification Mechanism; if so, of the details; if not, how the authorities ensure that the Notification Mechanism can perform the function of enabling the authorities to render, as early as possible, the support needed by the Hong Kong residents concerned and their families, and how they assess the effectiveness of the Notification Mechanism?

Reply:

President,

     Our response to Dr Hon Kwok Ka-ki's question is as follows:

(1) to (3) Since January 1, 2001, the Government of the Hong Kong Special Administrative Region (HKSAR) has, by way of an administrative arrangement and on the basis of mutual respect for the relevant laws of both sides, put in place a reciprocal notification mechanism with the Mainland in respect of cases involving unnatural deaths and imposition of criminal compulsory measures on residents from the other side, so that notification could be made as soon as practicable. Under the existing reciprocal notification mechanism, the Notification Unit in the Mainland (that is, the Liaison Officer of the Ministry of Public Security) should notify the Hong Kong Notification Unit (that is, the Liaison Bureau of the Hong Kong Police Force) of the imposition of criminal compulsory measures on Hong Kong residents by the public security authorities, the Mainland customs authorities, People's Procuratorates and the Ministry of State Security, and the unnatural deaths of Hong Kong residents in the Mainland. Matters which the Hong Kong Notification Unit should notify the Mainland counterparts include criminal prosecutions instituted by the Hong Kong Police Force, the Customs and Excise Department and the Immigration Department against Mainland residents, and the unnatural deaths of Mainland residents in Hong Kong.

     As at the end of December 2015, 12 038 notifications involving 9 409 Hong Kong residents were made by the Mainland authorities to the HKSAR. During the period, the Hong Kong Notification Unit made a total number of 36 140 notifications to the Mainland Notification Unit involving 37 302 Mainland residents. The statistics of the reciprocal notification mechanism in the past five years are at Annex.

     In the past five years, cases relating to the imposition of compulsory measures were mostly offences related to deception, smuggling, dangerous drugs and theft, and the offences were mainly committed in Guangdong, involving 3 370 Hong Kong residents. Cases mainly involved the public security authorities and the Mainland customs authorities. Regardless of which provinces or municipalities the case took place, the notification should be made by the Notification Unit in the Mainland (that is, the Liaison Officer of the Ministry of Public Security). In over 70 per cent of the cases, the Mainland Notification Unit would be able to notify the Hong Kong Notification Unit within 10 days and mostly within 15 days. The Police do not maintain detail statistical breakdowns on individual cases as specified in the question.

(4) The notification mechanism aims to facilitate the prompt notification to family members of the subject involved. Hence, the Hong Kong Police will immediately seek to contact the family members of the subject after receiving notification from the Mainland authorities. The family members, if they wish, may seek assistance from the offices of the HKSAR Government in the Mainland or the Assistance to Hong Kong Residents Unit of the Immigration Department which will endeavour to provide appropriate assistance, having regard to the nature and circumstances of the cases and the requests of the assistance seekers. Based on experience, the assistance to be provided includes relaying to the relevant Mainland authorities the specific requests of the family members, e.g. paying visit to subject, and providing information on the hiring of Mainland lawyers.

(5) The HKSAR Government will maintain liaison and exchange views with the Mainland authorities from time to time over the notification mechanism to ensure its effectiveness.

Ends/Wednesday, February 3, 2016
Issued at HKT 17:10

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