'Very Hard To Charge HK Teen With Taiwan Murder'
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2018-03-14 HKT 12:10
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Ronny Tong talks to RTHK's Timmy Sung
A senior counsel said on Wednesday that the police in Hong Kong are facing a very difficult – if not impossible – task in trying to prosecute a teenager suspected of killing his girlfriend while the couple were travelling in Taiwan.
The 19-year-old was held overnight for questioning after he was arrested in Hong Kong on Tuesday for allegedly stealing his girlfriend's bankcard and withdrawing money from her account.
Barrister Ronny Tong, who is also an executive councillor, said because the murder itself was committed in Taiwan, the suspect cannot be prosecuted for this in Hong Kong.
Tong told RTHK's Timmy Sung that because Hong Kong and Taiwan have not signed an agreement on sending back crime suspects, the SAR cannot just hand the 19-year-old over to Taipei.
“In this particular case, the suspect is a Hong Kong permanent resident. He has certain rights within the law not to be arrested for a crime which he couldn’t be prosecuted for and he has the right to stay in Hong Kong and nobody can force him to leave Hong Kong against his will unless there are some legal justifications so to do”, Tong said.
Democratic Party lawmaker James To, who is also a lawyer, agreed with Tong's assessment. To said because Hong Kong has no right to expel a permanent resident, the territory's police would need to prove that the suspect planned the murder in the SAR.
Taiwanese police found the body of 20-year-old Poon Hiu-wing near a metro station in New Taipei on Tuesday night after her family had reported her missing.
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