Lawyer for alleged Chinese smuggler discounts death penalty assurance

By GREG JOYCE

VANCOUVER - A top-level discussion between the Chinese president and Canadian prime minister about an alleged smuggler seeking refugee status shows how political the Chinese justice system is, his lawyer said Tuesday. Chinese President Jiang Zemin promised last week in a meeting with Prime Minister Jean Chretien that Lai Changxing would not face the death penalty if extradited from Canada.

Zemin gave the assurance prior to the start of last week's Asia Pacific Economic Conference in Shanghai.

 The Chinese government has made that promise before in its effort to have Lai returned.

 Lai is accused of masterminding a network responsible for smuggling $10 billion US worth of goods into China with protection from officials.

 Lai and his wife came to Canada in 1999 and claimed refugee status.

 His lawyer, David Matas, says the Canadian government is in a difficult position.

 The Chinese government involvement "makes patent how unindependent or political the Chinese justice system is," Matas said during a break in Lai's refugee hearing.

 "It strikes me that the government of Canada has got an impossible case, because either the political system (in China) controls the courts, in which case the death penalty assurance can be trusted," said Matas.

 But if the political system controls the courts, said Matas, then the justice system is "obviously unfair and Mr. Lai will not get a fair trial . . . ."

 "Or, he will get a fair trial and the government doesn't control the courts in which case the death penalty assurance is meaningless."

  Lai's wife, Tsang Mingna, and their three children are also seeking refugee status.

 Matas said Zemin's high-level talk with Chretien also bolsters his argument that Lai should be granted refugee status.

 To gain refugee status, a person has to have a well-founded fear of persecution due to either nationality, religion, membership in a social group or political opinion.

 "It's obvious when Jiang Zemin gets involved that this is political opinion . . . so this is politics of the highest order and that's an important part of the refugee claim that's been established by their conversation."

 Matas said Lai has a well-founded fear of persecution and the assurance given by China doesn't have the same weight as an assurance given by a democratic country.

 There are some countries that are democratic and give assurances, like the U.S.," said Matas.

 "But the difference is, in the U.S. the prosecutors control the verdict. If in the U.S. the prosecutor doesn't ask for a death penalty, the judge can't award a death penalty."

 In China the prosecutors don't control the verdict and the judge can award a death penalty even if it's not asked for, he said.

 Dozens of people have been convicted in China in the smuggling case. Fourteen have been sentenced to death, including two of Lai's nephews. Seven men have been executed so far.

 The evidence phase of Lai's hearing is expected to conclude by the end of the week.

 Lawyers for Citizenship and Immigration and Matas will make their final submissions early next month, followed by a decision by the Immigration and Refugee Board panel.