D.卡尔顿 罗西
D. Carlton Rossi

China-Canada Extradition




                          






Tools Huawei Developed to Persecute Falun Gong
Now Repress All of China


BY JENNIFER ZENG

December 10, 2018


A 172-page internal document from Huawei, written in 2015, was leaked this year and circulated on the internet. The file was entitled “VCM (video content management) Operation Guide” and was used to train the Chinese regime’s internet police on how to monitor, analyze, and process video content in real time. The police were expected to send out alerts should they find anything “suspicious.”

According to Chinese commentator Chen Simin, this leaked document shows Huawei’s deep involvement with the CCP’s surveillance programs “Golden Shield Project,” which is used to block access to information, and “Skynet System,” used for surveillance of the whole society.











中国-加拿大引渡条约

China-Canada Extradition Treaty


It may be useful to examine the past if one is to determine the efficacy of a China-Canada Extradition Treaty. Perhaps a good starting point would be the request for official recognition by 10,000 Falun Dafa practitioners on April 25, 1999 for official recognition as a religion by the Communist Party.This event had a profound effect on relations between Canada and China in terms of extradition and it was personalized by the arrest for heretical beliefs of the Canadian citizen whose name was Zhang Kunlun 张昆仑 .


Between ten and fifteen thousand Falun Dafa practitioners requested official recognition near the Zhongnanhai government compound. President Jiang Zemin 江泽民 ordered the Falun Dafa to be crushed. A campaign of propaganda, large-scale extrajudicial imprisonment, torture and coercive reeducation ensued.


During 1999, the leader of Falun Dafa 法轮大法, whose name is Li Hongzhi, had travelled extensively throughout China and the world on a lecture tour. He led between sixty and seventy million Chinese according to the States Sports Commission which was promoting exercise through Qigong. Falun Dafa combined exercise through aspects of Buddhism and Taoism.However, with the request through a public demonstration to the government for recognition everything changed.


                


On July 23rd a public circular was issued. In it, the Falun Dafa was declared the "most serious political incident" since 1989. In other words, the Communist Party regarded this disturbance as a challenge to its power comparable to the protests for democracy which began on April 15th 1989 or almost a decade earlier. It was declared that the Falun Dafa was incompatible with the belief system of Marxism. Despite the size of the organization and its request for recognition it did not appear as a political force, but rather was politicized by the government reaction.


Then, beginning on July 29th, Chinese authorities asked both Interpol and a week later the US government to arrest Li Hongzhi 李洪志 . They respectively declined to either arrest or extradite him. The fact that the issues were both political and religious did not help the Chinese argument to the US government which is constitutionally required to protect religious freedom under the First Amendment. Of course, the Chinese did not announce until November 05 that the Falun Gong should be prosecuted as a heretical religion under article 300.


In American colonial history, one would have to go back to the Salem Witch trials. These were a series of hearings and prosecutions of people accused of witchcraft in colonial Massachusetts between February 1692 and May 1693. The trials resulted in the executions of twenty-four people, the imprisonment of one to two hundred people and false confessions to witchcraft by fifty-five people. The result was the end of theocracy in Massachusettes and witchcraft as a crime in the British colonies.


It is appropriate at this time to refer to the Extradition Act of Canada which was assented to on June 17, 1999. It is highly probable that consideration of this act began with the transfer of Hong Kong SAR to the PRC on July 1, 1997. The comprehensive amendments in the act would harmonize Canadian and international law rather than maintain a dual system of British Commonwealth and other laws defined in an 1877 statute.


However, critics of the new Extradition Act would maintain that the reform deprives Canadians of protections which were previously available and furthermore would facilitate extradition to undemocratic regimes. "At the extradition hearing, full Charter of Rights and Freedoms rights are not afforded to the person for whom extradition is being sought. In particular, the extensive disclosure rights given to Canadian citizens facing a domestic criminal trial are not available in extradition procedures (US v Kwok, [2001] 1 SCR 532)." In addition, the threshold for committal to the Minister of Justice is not the traditional criminal law threshold "beyond a reasonable doubt".


http://www.duhaime.org/LegalResources/criminallaw/lawarticle-99/extradition-law--canada.aspx


It may be though that the more pressing issue for the Canadian government was not the transfer of Hong Kong SAR which took place two years earlier, but rather the more immediate issue of the request for recognition to the Communist Party of Falun Dafa on April 25, 1999. With reference to the Hong Kong SAR the Canadian government may have anticipated the request for political or religious refugee status by thousands from the former Commonwealth colony. It may also have antipated a wave of applications from the mainland similar to that which took place as a result of the democracy protests in 1989. Finally, it may have wanted to prepare for the possibility of a claim for refugee status from Li Hongzhi himself who had visited Toronto by early 1999.


The new Extradition Act did not dissuade Lai Changxing from leaving Hong Kong SAR for Canada on August 14, 1999. By 1999, he was described as "China's most wanted fugitive" for bribery and smuggling crimes. It should be noted that Lai was at one time an apprentice to the former General Secretary Jiang Zemin. It appears that he was forewarned of arrest in Hong Kong by someone. As a result, he entered Canada as a political refugee. It seems, therefore, he was "grandfathered in" or should one say "godfathered in" before the Mutual Legal Assistance document was signed between Hong Kong SAR and Canada in early 2002.


http://www.legislation.gov.hk/BLIS_IND.nsf/e1bf50c09a33d3dc482564840019d2f4/517c908db36251ef48256b3600318dc2?OpenDocument


It might be speculated that the persecution of Falun Dafa had a spillover effect in terms of heightened awareness of other criminal activity. In addition, it may be assumed that the PRC did not want to undertake the prosecution on the mainland of a corrupt individual who could implicate other Party members while it was persecuting members of the Falun Dafa of which there were a considerable number of Communist Party members.


                     

                                  Zhang Kunlun


It is now necessary to introduce Zhang Kunlun who was a practicing member of the Falun Dafa. In 1989, he and his family left for Canada. He was accepted by McGill University as a visiting researcher. By chance, the year 1989 was the same one as the Tiananmen protests and also the year in which Li Hongzhi began to privately teach his meditation and exercise program. A year later, Zhang Kunlun applied for permanent residency in Canada in order to qualify for citizenship.


He gained Canadian citizenship in 1996. At that point, he left Canada to return to China for personal reasons. However, instead of waiting to have his visa processed on a Canadian passport he chose to enter on a Chinese passport since he had dual citizenship. That meant though that he would not be afforded the same protections under a Canadian passport.


He had had a choice. However, according to a new Chinese law recently passed in 2016 a dual citizen must use a Chinese passport. Canada responded by requiring a person with dual Chinese-Canada citizenship to enter using a Canadian passport so that a person could be more fully protected under Canadian law.


The upshot was that Zhang Kunlun was arrested on July 1st in the year 2000--Canada Day-- for Falun Dafa activity. It should be noted that he had not taken part in either the Beijing or Tianjin demonstrations. Instead, he was arrested for distributing flyers supporting the organization from his bicycle. "The Station Chief director went on to say that the police could do what they wanted to cult members. "If you die, we will bury you and tell everyone you committed suicide because you were afraid of a criminal charge." He was tortured with electric batons.


On November 13th he was arrested for the fourth time. He was sent to a labour camp in Jinan where conditions were harsh.Two weeks later he was transferred to the Wangcun labour camp where conditions were better. He later learned that this was due to the efforts of the Canadian government. The Chinese made it clear to him though that he had no right to consular access because he had used a Chinese passport.


It is speculated herein that the fourth arrest of Zhang Kunlun was intended to coincide with the arrival of Prime Minister Chretien's trade mission to China.The Canadian delegation of Team Canada was 900 strong.The visit though had to be postponed because of the Federal Election.


In the meantime, by the order of the President of China, The Extradition Law of the People's Republic of China, adopted at the 19th Meeting of the Standing Committee of the Ninth National People's Congress on December 28, 2000, was promulgated and went into effect as of the date of Promulgation.


http://www.gov.cn/english/laws/2005-09/22/content_68710.htm


Now isn't this a coincidence! Canada had completed an Extradition Act on June 17th, 1999 which may have been influenced by the possibility of Falun Dafa members seeking asylum in Canada. The PRC passes an Extradition Act at the height of the persecution of the Falun Dafa. Common sense concludes that the PRC was seeking a China-Canada Extradition Treaty that would cover the Falun Dafa issue. The bait was Zhang Kunlun and trade. Isn't the case of the Evangelical Christian minister Kevin Garrett charged with espionage and whose case was settled in the midst of trade negotiations in parallel with this historical precedent?



It is reported by the AFP on December 7, 2000 in an article called "Two more Falungong members reported dead in Chinese police detention" about the scale of the persecution.


"The deaths bring to at least 74 the number of group members who are reported to have died in suspicious circumstances while in police custody since the Falungong was banned in July last year, according to the Hong Kong based Information Center for Human Rights and Democracy.


Some 450 members have received prison sentences of up to 18 years, more than 600 have been sent to mental hospitals, 10,000 have been placed in labor camps and another 20,000 locked up in temporary detention centers, according to the rights center."


Note: the author has not included the source of this document because he wishes to protect the reader from a malicious "screen capture" app.


Zhang Kunlun made a full confession of his crimes in the first week of January, 2001 at which point he was released. Foreign Ministry spokesman Zhu Bangzao said that Zhang "became aware of the evil nature of the Falun Dafa cult and his illegal activities." However, a spokesperson for the Falun Dafa maintained that the confession was coerced. His wife remained in the PRC while eluding surveillance and was re-united in Canada with her husband on February 15th.


https://www.hrw.org/reports/2002/china/China0102-03.htm



                

                              Jean Chretien


Jennifer May who was a spokesman for the Canadian Embassy in Beijing "declined to speculate whether China released Zhang to remove an irritant in relations ahead of a Feb. 9-18 visit by Canadian Prime Minister Jean Chretien." If the Canadian government had any interest in a China-Canada Extradition Treaty it seems that the mistreatment of Zhang Kunlun and the Falun Dafa may have provided the cure since no treaty was signed. In fact, it should be noted that Canada was the first country to publicly condemn the persecution through an official protest with the Chinese foreign ministry as reported by the Globe and Mail.


In conclusion, it may be said that it is unwise to conclude a China-Canada Extradition Treaty when dual citizens are forced to use a Chinese passport while entering the PRC thus denying themselves consular access. It is incomprehensible how the Canada Extradition Act allows for certain Rights and Freedoms to be bypassed. Extradition for political reasons should be denied whether or not there is a treaty. It is foolish to conclude any treaty with a country which does not want to define its territory in a specific way in accordance with international laws. It is short-sighted to trade off human rights for trade advantages as framed by "quid pro quo". Finally, do not pursue, plan or participate in trade negotiations if a hostage is held.


Let the last words be those of Zhang Kunlun.

“When you draw a line, all your information such as your quality, morality, life experience, and even your health have been put into it,” explains the former art professor. “It is the reflection of your inner nature. So an artist must be a noble and moral person, and be a thoughtful person.”


D. Carlton Rossi
D.卡尔顿 罗西

November 22, 2016



http://laws.justice.gc.ca/en/E-23.01/


Irrespective of the transfer, Hong Kong SAR entered into a co-operational bi-lateral agreement with Canada on March 01, 2002. It was called the MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS (CANADA) ORDER, Gazette Number:L.N. 24 of 2002. The agreement involved the surrender of fugitive offenders, the transfer of sentenced persons and mutual legal assistance in criminal matters. It also stipulated that the Parties shall provide mutual assistance in the investigation and prosecution of criminal offences and in proceedings related to criminal offences and such assistance shall be given by the Requested Party. In Chinese, it is known as 《刑事事宜相互法律協助(加拿大)令》.


http://www.legislation.gov.hk/BLIS_IND.nsf/e1bf50c09a33d3dc482564840019d2f4/517c908db36251ef48256b3600318dc2?OpenDocument





http://www.legislation.gov.hk/blis_pdf.nsf/6799165D2FEE3FA94825755E0033E532/D52A42C02AFB5055482575EF001415FC/$FILE/CAP_525J_e_b5.pdf


Some practitioners would call the comprehensive amendments an improvement and a harmonization of the Canadian extradition system with international crime-fighting systems, while others would say that the 1999 reform took away vital protections previously available to Canadians and renders Canadians vulnerable to extradition to governments that cannot be described as free and democratic.