XN000022-1993-09-07 — Page 4

TUESDAY, SEPTEMBER 7, 1993

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COURT OF APPEAL RULING ON ILLEGAL IMMIGRANT SMUGGLERS

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THE COURT OF APPEAL HELD IN CRIMINAL APPEALS NO. 538 AND 287 OF 1992 TODAY THAT THE DISTRICT COURT WAS JURISDICTIONALLY INCOMPETENT TO HEAR THE PROCEEDINGS AND THAT THE PROCEEDINGS WERE A NULLITY BECAUSE THE GOVERNOR'S CONSENT WAS REQUIRED UNDER SECTION 23C OF CRIMES ORDINANCE, FOR PROSECUTIONS UNDER VII A OF THE IMMIGRATION ORDINANCE.

A SPOKESMAN FOR THE LEGAL DEPARTMENT SAID THE CROWN WOULD NOT SEEK TO RESTART PROCEEDINGS AGAINST THE APPELLANTS, LEUNG KWOK-SING AND FOUR OTHERS, AS THEY HAD SERVED ALMOST HALF OF THEIR SENTENCES.

FOR THE OTHER PERSONS CONVICTED UNDER PART VII A OF THE IMMIGRATION ORDINANCE WHO ARE ENTITLED TO TAKE ADVANTAGE

OF TODAY'S RULING AND WHO HAVE NOT ALREADY LODGED APPEALS, THE LEGAL DEPARTMENT IS CONSIDERING HAVING THEIR CASES REFERRED TO THE COURT OF APPEAL.

THE GOVERNOR'S CONSENT IS NOW ALWAYS GIVEN TO PROSECUTIONS UNDER PART VII A OF THE IMMIGRATION ORDINANCE.

THE COURT OF APPEAL RULED THAT THE GOVERNOR'S APPROVAL MUST BE SOUGHT BEFORE CHARGES WERE LAID AGAINST FOREIGN NATIONALS WHO HAD COMMITTED CRIME IN HONG KONG WATERS.

BASED ON THIS RULING, FIVE MAINLAND CREWMEN WHO HAD BEEN SENTENCED TO JAIL FOR SMUGGLING ILLEGAL IMMIGRANTS WERE RELEASED BY THE COURT OF APPEAL.

AGREEMENT ON SURRENDER OF FUGITIVE OFFENDERS

AN AGREEMENT ON THE SURRENDER OF FUGITIVE OFFENDERS THAT WILL REMAIN IN FORCE AFTER 1997 WAS SIGNED BETWEEN HONG KONG AND CANADA TODAY (TUESDAY).

THIS IS THE SECOND AGREEMENT WHICH HONG KONG HAS SIGNED IN THIS IMPORTANT AREA OF CRIMINAL CO-OPERATION,

THE FIRST AGREEMENT, WITH THE NETHERLANDS, WAS SIGNED IN NOVEMBER 1992.

THE AGREEMENT SETS OUT THE CONDITIONS FOR THE SURRENDER OF FUGITIVE OFFENDERS BETWEEN THE TWO PLACES BOTH BEFORE AND AFTER 1997.

SIGNING THE AGREEMENT ON BEHALF OF THE HONG KONG GOVERNMENT WAS SECRETARY FOR SECURITY, MR ALISTAIR ASPREY. THE COMMISSIONER CANADA, MR JOHN HIGGINBOTHAM, SIGNED ON BEHALF OF CANADA.

FOR

FOR THE

MR ASPREY NOTED THAT HONG KONG'S PRESENT ARRANGEMENTS SURRENDER OF FUGITIVE OFFENDERS CAME UNDER A SCHEME WHICH IS ONLY APPLICABLE TO COMMONWEALTH COUNTRIES AND TERRITORIES AND WOULD THEREFORE COME TO AN END IN 1997.

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