CHAN TONG-KAI, the suspect of a homicide case in Taiwan, was released yesterday morning from a prison in the Hong Kong Special Administrative Region (HKSAR), saying he is willing to surrender to Taiwan.

Chan finished his prison term sentenced by a HKSAR court in April 2019 for the offenses of money laundering.

He told media outside the prison that he has done wrong and irreparable things , and has thus all along been under self-blame and self-condemnation.

He is hence willing to bear the consequences of his impulsive mistake by surrendering to Taiwan, standing trial and serving his sentence, Chan said.

Chan, a Hong Kong resident, killed his pregnant girlfriend during their trip to Taiwan in February 2018 and was arrested by the police in Hong Kong in March 2018. The HKSAR Government’s Department of Justice, however, found that there was hardly sufficient evidence in Hong Kong to prosecute him for offenses other than money laundering.

The HKSAR Government yesterday rejected Taiwan’s offer to send officers to escort Chan to Taiwan upon his prison discharge, saying it is “totally unacceptable” because such cross-jurisdiction law enforcement is a disrespect for Hong Kong’s jurisdictional power.

The rejection came after Taiwan authorities sent out statements asking to send police officers and prosecutors to Hong Kong to bring back Chan.

The homicide case in Taiwan prompted Hong Kong authorities to propose amendments on the transfer of fugitive offenders.

In a statement released after midnight yesterday, the HKSAR Government said the authority of Taiwan has no law enforcement power in Hong Kong.

“We do not agree with Taiwan’s claim that we can handle Chan’s case in Hong Kong,” the HKSAR Government said in the statement, reiterating that Hong Kong’s Department of Justice has thoroughly and comprehensively considered the police investigation and the evidence collected, and confirmed that there was only enough evidence to prosecute Chan for money laundering offenses, and not other offenses including attempting to commit murder or the so-called “willfuly plan to commit homicide.”

“Making arbitrary demands to prosecutorial institution to commence prosecutions without sufficient evidential and legal bases is neither responsible nor does it accord with the principle of administration of justice. The HKSAR Government’s stance is clear, and has been consistent,” it said.

“The homicide case took place in Taiwan. The body of the deceased, key witnesses, exhibits and relevant evidence were all in Taiwan. Without doubt, Taiwan has jurisdiction over this offense. Now that Chan is willing to surrender, Taiwan should receive him, and initiate interrogation, evidence gathering and prosecution on him,” the HKSAR Government said in the statement.

Chan is Taiwan’s wanted person and his surrender decision is voluntary, the statement said, adding that as he will be a free man after being released from jail, the HKSAR Government has no authority to impose any restrictive measures on him.

Chan could go to Taiwan accompanied by persons of his choice. Upon arrival, the authority of Taiwan can arrest him. If the authority of Taiwan is willing to handle Chan’s surrender, it should immediately cancel the landing restriction of Chan in order not to contradict the warrant of arrest in force, the HKSAR Government statement said.

“Now that Chan voluntarily surrenders himself, why should one still be concerned that he will abscond and destroy evidence?” said the statement.

Regarding the relevant evidence in Hong Kong, apart from those voluntarily brought with Chan, for other evidence, Hong Kong will, under the legal framework and following the procedures, provide all necessary assistance, it said.

In response to Taiwan’s claim that the Taiwan homicide case should be dealt with through legal assistance, the HKSAR Government considers it an excuse that has nothing to do with self-surrender, as Taiwan has handled similar cases with places where it has no legal assistance in the past.

The HKSAR Government expressed disappointment over the Taiwan authorities’ claim that Hong Kong has no intention to deal with the case, saying the claim does not reflect the fact.

Over the past year or so, Hong Kong has repeatedly stated that it would be pleased to provide the necessary and legally feasible assistance to Taiwan in its investigation on the homicide case, the statement said.

In March this year, the HKSAR Government formally suggested sending a delegation to Taiwan for discussing a cooperation arrangement on the homicide case, but received no positive reply from Taiwan, it said.

(Xinhua)