The Hong Kong Special Administrative Region Government today said it sees Taiwan’s wish to send officers to Hong Kong to escort the Taiwan homicide case suspect to Taiwan upon his prison discharge as cross-jurisdiction law enforcement, which is totally unacceptable.

It said in a statement that Taiwan’s wish disrespects Hong Kong’s jurisdictional power, adding Taiwan has no law enforcement power in the city.

The suspect, Chan Tong-kai, is Taiwan’s wanted person and his surrender decision is voluntary, the statement said.

It noted 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.

He could go to Taiwan accompanied by people of his choice and upon arrival, Taiwan authorities can arrest him.

The HKSAR Government said that if Taiwan is willing to handle the suspect’s surrender, it should immediately cancel the landing restriction on him.

As the homicide case took place in Taiwan and the body of the deceased, key witnesses, exhibits and relevant evidence are all in Taiwan, the HKSAR Government said that without doubt, Taiwan has jurisdiction over this offence.

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

In response to Taiwan's claim that the Taiwan homicide case should be dealt with through legal assistance, the HKSAR Government said it considers it an excuse that has nothing to do with self-surrender.

The statement added that Taiwan has handled similar cases with places where it has no legal assistance in the past. 

With Chan willing to surrender himself out of his own free will and being a person wanted in Taiwan, the case can be handled entirely outside any legal assistance regime. The assistance offered by Hong Kong will be based on Chan's request and will have to be carried out on the basis of Taiwan's respect for Hong Kong's law and system.

The HKSAR Government disagreed with Taiwan's claim that it can handle Chan's case in Hong Kong and has reiterated many times that the Department of Justice has thoroughly and comprehensively considered Police's investigation and the evidence collected, and confirmed that there was only enough evidence to prosecute Chan for money laundering offences, and not other offences including attempting to commit murder. 

Making arbitrary demands to a 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, it said.

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

In March this year, Hong Kong formally suggested sending a delegation to Taiwan to discuss a co-operation arrangement on the homicide case, yet no positive reply was received. The HKSAR Government expressed disappointment over Taiwan’s claim that Hong Kong has no intention to deal with the case.

The HKSAR Government strongly objects to Taiwan's irresponsible allegation that Chan's surrender decision was made out of political manoeuvring, adding that the HKSAR Government has done its best to bring justice to the victim.

It also believes that justice can be served following Chan's decision to surrender himself to Taiwan for redemption.

The HKSAR Government believes that if Taiwan could handle the case with sincerity and uphold justice, it should be pragmatic and stop complicating the issue.