Li Haoran: Only Taiwan can jurisdiction over Chen Tongjia case

Author: Li Haoran

Chen Tongjia, a suspect in Taiwan's murderous corpse, under the enlightenment of Rev. Guan Haoming, Secretary -General of the Holy Guild Association, planned to surrender to Taiwan after being released from prison.It was originally a simple and unprecedented thing that could be relieved by people. However, the DPP authorities issued a series of false allegations, and Chen He was prohibited from applying for an online visa to Taiwan.In fact, according to the laws of Hong Kong and Taiwan, only the Taiwan courts can jurisdiction over the case.

The legal provisions of the two places on jurisdiction

Chen Mingtong, chairman of the Taiwan MAC, pointed out that both Hong Kong and Taiwan have jurisdiction over the murder. This is a completely wrong statement.

According to the case under the jurisdiction of the criminal place or the court of crime or the defendant's residence, residence or location of the defendant's residence, residence, or the court of the defendant, we can learn that Taiwan's criminal law is pursued by the dual jurisdiction of territories and people.Therefore, Taiwan has jurisdiction over the criminal crime that occurs in the local area.

However, for Hong Kong, although Taiwan law stipulates that the defendant's residential court can be jurisdiction, according to Article 12 and 3 of the Regulations of the High Court of Hong Kong Law, the criminal jurisdiction of the original court is based on the British court.Criminal jurisdiction of judicial jurisdiction.In the UK, in addition to the laws stipulated in the law, criminal jurisdictions pursue the principle of territoriality, that is, the location of the crime.In other words, only cases occur in the UK can the British court judge; Hong Kong follows this principle.

Under the jurisdiction of such cases, Chapter 212 of Hong Kong Laws has further stated that only the murder cases that occur in Hong Kong will be tried in the Hong Kong court.

According to the above two places, the Taiwan court has jurisdiction over the case because the case occurs in the local area.The Hong Kong courts have no jurisdiction, because it is not that Hong Kong courts can be tried in the crime of Hong Kong residents.

The DPP authorities have not re -returned to the rule of law on the right of the island. Instead, they were sent to the prosecutor to take the police to Hong Kong to escort Chen to return to Taiwan for trial, and ask the Hong Kong government to cooperate, and then hand over relevant evidence.The name is because the Hong Kong government is unwilling to assume the obligation of justice for the victim, but it is essentially aware that the Hong Kong government cannot agree.

Put forward the difficulties that the Hong Kong government cannot promise

The reason is simple. The Hong Kong government has explained that after the suspect was released from prison, it was not possible to make compulsory measures to restrict personal freedom, because the suspect had no criminal acts in the Hong Kong court.Since the SAR government has no right to detain, how can Taiwan be sent to Hong Kong to escort the suspects to return to Taiwan?Furthermore, since the suspect is willing to surrender to Taiwan by himself, why should he send him to Hong Kong to escort him high -profile?

Moreover, sending civil servants to Hong Kong to escort the suspect returned to Taiwan, which is a clear manuscript issued by the Taiwan court. How could this be not cross -border law enforcement?The DPP authorities have proposed to exercise Taiwan's law enforcement power in Hong Kong. The SAR Government cannot agree in both the law enforcement power or more important sovereignty relations with Taiwan.

Chen Tongjia's surrender of the case is purely judicial issue, and it is not related to cross -strait relations. The extreme amount can only be improved to the level of judicial interaction between Hong Kong and Taiwan.Chen Mingtong pointed out that Rev. Guan Haoming said: If Chen Tongjia really wants Chen Tongjia to be tried in Taiwan and thus extending justice for the victim, please ask you to say two less words.He did not explain what Rev. Guan said too much, and speculated that the Taiwan authorities were dissatisfied with the Rev. of the Taiwan authorities that to ensure that Chen had fair interrogation and worried that he would become a political chip.However, the greater possibility is that Rev. Rev. to reveal to the media revealed to the media earlier that he had actively contacted the MAC, hoping to discuss Chen Tongjia who was rejected outside the door after investing in the case after he was released from prison.In any case, the DPP is advised not to continue playing with this trick.Let the wrong people be atonement, the victims can rest in peace, and the family can be relieved, and society does not have to think about heavy thinking about this unfortunate incident.

(The author is a member of the Promotion and Supervision Committee of the Basic Law of the Hong Kong Special Administrative Region Government)