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http://www.theglobeandmail.com/news/national/british-columbia/bc-politics/federal-court-rules-against-chinese-fugitive/article2105808/?from=sec431
赖昌星一小时前最后败诉，将于本周六-下周一（7月23-25日之间）期间被遣返中国。
此时其已用尽全部法律手段。
Federal court rules against Chinese fugitiveSUNNY DHILLON VANCOUVER— From Friday's Globe and MailPublished Thursday, Jul. 21, 2011 8:50PM EDTLast updated Thursday, Jul. 21, 2011 9:16PM EDT
Lai Changxing, a high-profile Chinese fugitive whose legal odyssey in Canada lasted longer than a decade, appears to be headed back to the People’s Republic.
Mr. Lai, who’s accused of masterminding a multibillion-dollar smuggling network that imported consumer goods without paying custom duties, had asked the Federal Court to reverse his deportation order. The court ruled against him late Thursday night.
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When asked earlier in the day if his client had any legal options left if the Federal Court ruled against him, lawyer David Matas simply told The Globe and Mail: “No.”
Mr. Lai, who’s also accused of bribing Chinese police and government officials, had been fighting deportation since he was arrested at a Niagara Falls casino in 2000. His case had long been a thorn in Ottawa-Beijing relations. Former prime minister Zhu Rongji once said Mr. Lai should be executed three times over.
Mr. Lai was arrested and ordered deported earlier this month after Immigration Canada ruled he’s not at risk of being tortured. The government agency made that determination after four years of deliberation, and just days before Foreign Affairs Minister John Baird headed to China to bolster ties between the two countries.
During his trip, Mr. Baird hailed a “new era” in relations and asserted a “strategic partnership” on matters such as energy, natural resources, and international affairs. The minister called China an “important ally” and indicated Stephen Harper’s government felt little sympathy for Mr. Lai’s plight.
In an interview with The Globe and Mail two years ago, Mr. Lai admitted skirting the law, but said he was merely taking advantage of perceived loopholes at a time of murky custom regulations.
Mr. Lai has been held in custody since his July 7 arrest. He had been scheduled on a flight back to China, but won an interim stay of deportation until the Federal Court could hear his case.
CBSA initially said if Mr. Lai’s legal efforts were unsuccessful, he would be deported July 25. But a government lawyer said it was possible Mr. Lai would be sent back as early as Saturday.
In 2007, the Federal Court came to Mr. Lai’s rescue by overturning an Immigration Canada finding that he faced no risks back in China. Mr. Justice Yves de Montigny referred to many outside reports attesting to the country’s use of torture on prisoners. The judge ordered a new risk assessment, with more emphasis on the risk of torture. It took Immigration Canada four years to complete the report.
Earlier this year, Chinese authorities agreed to give Canadian officials regular access to Mr. Lai in prison, as a way of ensuring he wasn’t tortured. Beijing also said Canadians could attend Mr. Lai’s court hearings, and that he would have access to counsel.
Mr. Matas, scoffed at those promises. He told the court Canadians were only promised access to “open court,” meaning officials couldn’t attend any hearings closed to the public – common practice for politically sensitive proceedings.
Mr. Matas also argued his client would have difficulty finding a lawyer willing to take instructions from him, and not from the ruling Communist Party. “If it were otherwise, if a lawyer were bold enough to take the position that the applicant wanted him to take, that lawyer would find himself a victim.”
When given their chance to address the court, government lawyers stood by the deportation order. They said Mr. Lai was simply repeating past comments about possible torture and expressed confidence China wouldn’t mistreat him, for fear of losing access to fugitives from other countries in the future.
Minister’s counsel added that any argument about government bias influencing the report was “unfounded.”
Mr. Matas said Mr. Lai’s brother and accountant died in prison of unexplained causes and he feared his client could easily meet the same fate. He said Mr. Lai had been made the “poster boy” for Chinese corruption. |
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发表于 2011-7-21 21:47:34
发表于 2011-7-21 21:53:39
发表于 2011-7-21 22:16:13
