The Department of Justice of the Hong Kong Special Administrative Region (HKSAR) reiterated Tuesday that Hong Kong has no jurisdiction over the homicide case that happened in Taiwan involving two Hong Kong citizens, and there is not enough evidence here to prosecute the suspect except for money laundering offenses.
Chan Tong-kai, a Hong Kong citizen accused of killing his pregnant girlfriend in Taiwan last year, will be released Wednesday after serving prison term in Hong Kong for money laundering.
The Department of Justice reiterated that it has considered police's investigation and the available evidence, and that there has only been sufficient evidence in Hong Kong to institute criminal prosecution in Hong Kong courts against the suspect for money laundering but not for other offenses.
Hong Kong adopts the territoriality principle in respect of criminal jurisdiction, and such jurisdiction applies only when the whole or part of the criminal act takes place within Hong Kong's boundary, the department said, adding that there is no legal basis for the HKSAR government to detain any discharged prisoner arbitrarily.
In regard of Chan's decision to surrender himself to Taiwan, the statement said justice could be served by the suspect surrendering himself voluntarily in response to an arrest warrant and facing the legal consequence willingly.
"Refusing to let the suspect surrender is not only in defiance of justice but also an irresponsible act contrary to the rule of law," it said.
