Court rules Lai to be extradited
Source: Xinhua |
July 23, 2011, Saturday
|
Print Edition
Print Edition
A CANADIAN court has cleared the way for the extradition of China's most wanted man, dismissing concerns that he could be tortured or executed back home.
Federal Court Judge Michel Shore refused a request to stay the deportation of Lai Changxing on Thursday. Lai is accused by Chinese authorities of running a multibillion-dollar smuggling operation in China in the 1990s.
"Due to the Chinese government's assurances and the reasons for acceptance of those assurances (by the Canadian government), Mr Lai has failed to satisfy any of the criteria ... required for an order to stay the execution of a valid deportation order," Shore wrote in his reasons, alluding to a diplomatic note from China promising Lai would not be tortured or executed. In the note to Canada, China also said Canadian officials would have access to Lai.
"Mr Lai is a common criminal fugitive from the Chinese justice system who has had full access to Canada's immigration process over the past 11 years and has been found not to be at risk if removed to China on the basis of extraordinary assurances received and held as valid (by the Canadian government)."
The written ruling added that "the balance of convenience does not favor delaying his removal, but favors removing him at this time."
Lai fled to Canada with his family in 1999 and claimed refugee status, saying the allegations against him were politically motivated. Canada rejected his refugee claim, and years of legal wrangling ensued.
Canadian government lawyer Helen Park said that he could be sent back as early as today.
China says Lai bribed local officials in Fujian to avoid paying taxes and duties on everything from fuel to cigarettes that were shipped into the southeastern coastal province.
Lai admitted in a 2009 interview with the Globe and Mail newspaper that he had avoided taxes by taking advantage of loopholes in the law, but he denied bribery charges.
He said then that if he were not in Canada he would have been executed.
Shore had reserved judgment after several hours of arguments on whether it would be safe to extradite Lai.
"It is assumed that the assurances of the Chinese government, as per its written promises, will be kept," the judge said.
The hearing was held in Ottawa and relayed by teleconference to British Columbia, where Lai is being held in detention.
Matas said earlier that if Shore ruled against his client, there were no further legal avenues that could be pursued.
Canada's Immigration and Refugee Board ruled on Wednesday that Lai could be released pending Thursday's hearing.
The federal government quickly won a stay of that decision from another Federal Court judge, James O'Reilly, and kept Lai in custody.
Federal Court Judge Michel Shore refused a request to stay the deportation of Lai Changxing on Thursday. Lai is accused by Chinese authorities of running a multibillion-dollar smuggling operation in China in the 1990s.
"Due to the Chinese government's assurances and the reasons for acceptance of those assurances (by the Canadian government), Mr Lai has failed to satisfy any of the criteria ... required for an order to stay the execution of a valid deportation order," Shore wrote in his reasons, alluding to a diplomatic note from China promising Lai would not be tortured or executed. In the note to Canada, China also said Canadian officials would have access to Lai.
"Mr Lai is a common criminal fugitive from the Chinese justice system who has had full access to Canada's immigration process over the past 11 years and has been found not to be at risk if removed to China on the basis of extraordinary assurances received and held as valid (by the Canadian government)."
The written ruling added that "the balance of convenience does not favor delaying his removal, but favors removing him at this time."
Lai fled to Canada with his family in 1999 and claimed refugee status, saying the allegations against him were politically motivated. Canada rejected his refugee claim, and years of legal wrangling ensued.
Canadian government lawyer Helen Park said that he could be sent back as early as today.
China says Lai bribed local officials in Fujian to avoid paying taxes and duties on everything from fuel to cigarettes that were shipped into the southeastern coastal province.
Lai admitted in a 2009 interview with the Globe and Mail newspaper that he had avoided taxes by taking advantage of loopholes in the law, but he denied bribery charges.
He said then that if he were not in Canada he would have been executed.
Shore had reserved judgment after several hours of arguments on whether it would be safe to extradite Lai.
"It is assumed that the assurances of the Chinese government, as per its written promises, will be kept," the judge said.
The hearing was held in Ottawa and relayed by teleconference to British Columbia, where Lai is being held in detention.
Matas said earlier that if Shore ruled against his client, there were no further legal avenues that could be pursued.
Canada's Immigration and Refugee Board ruled on Wednesday that Lai could be released pending Thursday's hearing.
The federal government quickly won a stay of that decision from another Federal Court judge, James O'Reilly, and kept Lai in custody.
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