[Chen Tongjia is released from prison] Taiwanese group is surprised that the Hong Kong Government has not helped the death penalty scholars: the Hong Kong Government must cooperate with the investigation

Burst

Written by: Zhu Yashuang

2019-11-23 00:00

Chen Tongjia, who claimed to be "self-sufficient" in Taiwan, once again embarked on a dispute over the legal differences between Hong Kong and Taiwan. In view of the fact that murder can be sentenced to death in Taiwan, Taiwan’s abolition of the death penalty promoted the alliance and expressed its shock at the failure of the Hong Kong Government to assist Chen Tongjia in exempting him from death. However, Taiwanese legal scholars believe that in the case of some witnesses and evidence in Hong Kong, the Hong Kong Government has the responsibility to cooperate with Taiwan to "complete the case together, not to throw people away, and other things do not matter."

It has been one month since Chen Tongjia was released from prison. The story of going to Taiwan has only been heard. The pastor Guan Haoming, who is following up on his trip to Taiwan, said that he is busy. There is no further information on the arrangements for going to Taiwan. The Hong Kong Security Bureau said that the Hong Kong side has contacted the Taiwanese side through the police communication mechanism. There is no news at this stage.

Abolition of the Alliance: The Hong Kong Government does not consider the people who want to protect themselves.

Taiwan’s Abolition of the Death Penalty Promotion Alliance’s CEO Lin Xinyi said that Taiwanese are now very concerned about Hong Kong’s affairs and there is much discussion about how Chen Tongjia came to Taiwan. When she heard Chen Tongjia's case, she was very surprised that there was no death sentence in Hong Kong, but Taiwan did. However, the Hong Kong Government did not do everything in its power to ask the Taiwan government to ensure that Chen Tongjia would not be sentenced to death. It is his own business to refer to Taiwan.

She pointed out that where there is no death penalty in the international community, nationals may be sentenced to death in other countries, and they will be required to make judicial guarantees. "So I feel that the Hong Kong government has abandoned this person and abandoned one of his own citizens."

Taiwan’s abolition of the death penalty promoted the executive director of the alliance, Lin Xinyi, and the Hong Kong government did not ask Taiwan to ensure that Chen Tongjia was not sentenced to death. (photo by Zhu Yashuang)

I am really surprised that the Hong Kong Government has not considered the people who want to protect themselves. It is willing to let him be sent to a country with a death penalty and may face a death sentence.

The Hong Kong Government should first strive for judicial guarantee for Chen Tongjia

The transfer of prisoners or evidence requires that the death penalty is an ordinary matter in the international community. The case of the Lafayette ship purchase from 1989 to 1991 is an example. In the case of Lafayette’s purchase of ships, many people in Taiwan and France died in succession. Lin Xinyi pointed out that in 2005, Taiwan signed a letter of consent to the arms dealer Wang Chuanpu at the request of the Swiss court in exchange for the Swiss transfer of the bank record of the person involved. And other important evidence. She believes that the primary consideration of the Hong Kong Government is the judicial guarantee for Chen Tongjia to fight for death.

She bluntly said that although the case of Chen Tongjia has been politicized so far, the judiciary has been attributed to the judiciary. The Taiwanese judiciary has the right to try Chen Tongjia. However, the Hong Kong Government should still provide assistance to Chen Tongjia in order to avoid being sentenced to death. She also pointed out that there are political factors behind the Chen Tongjia case. If he is sentenced to death or even executed in Taiwan, the international perception of Hong Kong and Taiwan must be bad.

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Legal scholar: The principle of death penalty is not extradition is the most important principle to agree or not in Taiwan

Lin Zhijie, a Distinguished Professor of the School of Science and Technology Law of Jiaotong University, said that in the position of Hong Kong, the Chen Tongjia incident will not be called "extradition" because there will be extradition between the country and the country. The extradition of the death penalty is the most important principle of general extradition. . Hong Kong has to transfer Chen Tongjia back to Taiwan with the official power. If an agreement is made, the Hong Kong Government's request for not punishing the death penalty is in full compliance with the normal practice of handing over. For example, in 2010, British-born Indian businessman Lin Keying escaped from Taiwan after sending a newspaper to live. In addition to other criminal offences, he was sentenced to four years in prison, but he sneaked back to the UK before serving his sentence. Tai Ying had reached mutual legal assistance and the Taiwan side had " Do not execute the death penalty consent form."

If the Hong Kong side proposes not to impose the conditions for the death penalty, it is still in Taiwan, because the case has not yet been tried and it has not been fully seen. "At this time, it is difficult for Taiwan to promise that it will not be sentenced to death."

Lin Zhijie, a special professor at the School of Science and Technology Law of Jiaotong University, believes that Hong Kong and Taiwan should have a consensus before handing over to Chen Tongjia. (photo by Zhu Yashuang)

Legal scholar: consensus, acceptance, agreement

Hong Kong and Taiwan are currently in a stalemate with the way and date of Chen Tongjia’s visit to Taiwan. Lin Zhijie believes that Hong Kong and Taiwan must first have a consensus before accepting Chen Tongjia, and then on the case of mutual legal assistance. She pointed out that the case has not yet been investigated, the relatives of the victim and certain evidence are in Hong Kong, and there will be a need for mutual legal assistance in the future. She suggested that Chen Tongjia had indicated that he had to surrender, and Taiwan could accept it. However, it was necessary to reach a consensus on the handling of the case in the future, and then there were ways to conduct trials in Taiwan, such as how the relatives of the victims went to Taiwan to make statements and the medical records required for Chen Tongjia's mental identification.

Hong Kong does not end the responsibility of sending Chen Tongjia to Taiwan. In the trial, whether it is a criminal fact or a judgment part, Hong Kong's documents and evidence are required. Hong Kong has the responsibility of handling documents. She believes that at least there must be a commitment to each other. Once the case is received, the Hong Kong side will cooperate with "to finish it together, not to throw people over, and other things are not allowed, this will not work!"

He has to come, so you will accept it first, first arrest, then you will talk to him (the Hong Kong Government) and express your difficulties. If there is no evidence, there will be obstacles in the subsequent trials, and it will be more unfair to the families of the victims. The Hong Kong Government must find a way to help, and the victim is a Hong Kong person. It is unreasonable that the Hong Kong Government will not help.

It is impossible to judge the death as a key

The murder is punishable by death in Taiwan. Lin Zhijie also pointed out that according to Articles 57 and 59 of the Taiwan Criminal Law, if you surrender immediately after committing a crime, it is not easy to sentence you to death, because surrender itself is the key to sentencing. The judge will also consider the post-crime attitude, the crime plot, the crime method, the growing environment, the life situation, the mental condition, etc. Chen Tongjia may claim that the spirit is abnormal, so the latter identification will be a very important key.

She pointed out that if the average person can get a reduction in punishment, the biggest thing is to voluntarily cooperate with the law enforcement unit, thoroughly repent, have a great sense of guilt for the victim, and are willing to make up for the rest of their lives.

There must be consensus on frequent and long-term mutual legal assistance between Hong Kong and Taiwan.

Lin Zhijie added that Hong Kong and Taiwan have frequent exchanges in economic, trade, work, and academic fields. Once criminal or civil disputes occur, they will face the same problem. If it is impossible to sign an agreement for mutual legal assistance, at least there should be consensus on several topics, such as criminal proceeds. Other cases are handled in a flexible manner. Don't stick to some ideology. Chen Tongjia's case is stalled because of mutual distrust.

Guan Mu refers to Chen Tonggui very busy to Taiwan to arrange no news

Chen Tongjia was released from prison for a month. Followed by the Hong Kong Sheng Kung Hui Secretary-General of the Hong Kong Sheng Kung Hui, Guan Haoming said on Thursday that Chen Tongjia is currently busy. There is no further information on the arrangements for Taiwan. If there is any news, it will be announced. A spokesman for the Security Bureau said that the Taiwan murder suspects went to Taiwan to arrange for the Hong Kong side to contact the Taiwanese side through the police communication mechanism. At this stage, no news was announced. He did not respond to whether Chen Tongjia had requested Taiwan to guarantee the exemption of the death penalty and to reach any consensus or agreement on the exchange of suspects and evidence.

Fugitive Offenders Chen Tongjia’s death sentence