No Sanctuary for China's Top Fugitive

Americas, East Asia / Pacific - Canada, China
15 Apr 2005 - CNN

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A Canadian federal court has denied sanctuary for China's most-wanted man, Lai Changxing, but its ruling appeared to leave open the possibility for further appeals.

Chinese authorities claim Lai is the mastermind behind a network based in Xiamen, responsible for smuggling as much as $10 billion (&euro7.8 billion) worth of goods into the country with protection from corrupt officials.

Chinese leaders say Lai was the mastermind of the biggest smuggling case since the founding of the communist state in 1949.

Lai, his wife Tsang Mingna, and their three children arrived in Canada in August 1999 after fleeing China by way of Hong Kong.

Fearing execution if they were sent back to China, Lai and his family members applied for refugee status in Canada.

Chinese President Hu Jintao had sent then-Prime Minister Jean Chretien a diplomatic note with assurances the alleged smuggling kingpin would not be executed.

Canada forbids capital punishment.

Lai has not been convicted of any offenses and claims innocence, but the communist officials say he plied officials with prostitutes and booze in a specially built seven-story mansion, which has been dubbed the "Red House."

Exhibitions and television shows have detailed his alleged crimes and excesses.

In a decision released in June 2002, Canada's Immigration and Refugee Board found Lai and Tsang were "not credible and that there were serious reasons for considering Lai had committed the crimes of smuggling and bribery."

Lai's attorneys argued the refugee board erred in questions surrounding the specifics of alleged criminal acts, the nature of political persecution in China and whether Lai would be executed if convicted in China.

They claimed that evidence against the family was obtained through torture and that Chinese officials have lied on visa applications to Canada in order to meet Lai.

On Thursday the three-judge federal panel denied Lai's appeal bid, ruling that the refugee board had acted correctly three years ago.

But the judges left open the case for further appeals, saying the court would allow a pre-removal risk assessment.

Lai's Canadian lawyer, David Matas, told The Associated Press that Lai will take the case to the Supreme Court of Canada within 60 days.

Matas noted that eight people connected to the case have already been executed in China. Several people, including Tsang's mother, have been jailed for sending Lai funds for his defense, he said.

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