Wednesday 29 April 2009

Dalai Lama, international criminal on the lam


a worrying suggestion in TT editorial today about the long-awaited agreement on crime signed between Taiwan and China that might stop local criminals hiding out there

The devil in the detail

... At a glance, the cross-strait agreement on crime appears wholly beneficial to both sides. They have agreed to repatriate criminals and suspected criminals and to jointly act against criminal organizations and individuals. The pact has been hailed as a success as China has long been a place where Taiwanese criminals and criminal suspects can find shelter.

According to the agreement, all criminal acts are subject to cross-strait jurisdiction, particularly noting (a) major crimes such as murder, robbery, kidnapping, smuggling of arms and other items, and drug and human trafficking, (b) white-collar crimes such as embezzlement, breach of trust, money laundering and counterfeiting, (c) corruption, bribery and professional negligence, and (d) terrorist crimes such as hijacking aircraft or boats.

However, a closer look at the pact — the fifth clause, to be precise — offers the skeptical observer cause for alarm by foreshadowing chilling changes that would complement Beijing’s agenda.

In Beijing’s eyes, violations of its “Anti-Secession Law” constitute a criminal offense. Such violations include advocacy of Taiwan’s independence or firmer actions in that regard, as well as any number of other “separatist” activities.

Two simple examples can clarify this. Should the Dalai Lama set foot in Taiwan again, China could regard his presence in Taiwan to be an offense under the terms of the fifth clause and request that Taiwan extradite him. If Chinese dissident Wang Dan (王丹), the prominent Tiananmen Square Democracy Movement student leader, visits Taiwan again, China could cite the fifth clause and request repatriation.

Some may rush to dismiss such scenarios as far-fetched, especially given that any extradition requires the other government’s agreement, but the truth is that the fifth clause has now given room for those in Taiwan’s government who oppose independence or other political agendas to act against their compatriots or threaten to do so ...

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