D.卡尔顿 罗西
D. Carlton Rossi

Extradition Treaty




                                  





Couple Held in China Are Free,
but ‘Even Now We Live Under a Cloud’

The New York Times

By DAN LEVIN


JAN. 1, 2017


The Garratts suspect they were unwitting pawns in a gambit by the Chinese government to prevent Canada from extraditing a Chinese spy to the United States. The detention of the couple transfixed Canada and proved deeply damaging to the country’s relations with China.




http://www.nytimes.com/2017/01/01/world/canada/canadian-couple-china-detention.html





                        


                                 Treaties: Trick or Treat
 

The explanation provided by the Garratts for their arrest regarding the attempt to prevent the extradition of a Chinese spy to the United States is quite plausible. The explanation of the Canadian government that it made no concessions to the Chinese government concerning talks on free trade and an extraditiion treaty is implausible.

A free trade treaty with China is an oxymoron since China is not free. A free country like Canada under rule of law cannot have a free trade treaty with a giant, unfree China which is subject to rule by law unless it wishes to be not free.

Regarding an extradition treaty, Canada already has a working arrangement with China regarding extradition. It does not require a formal treaty which will be at the expense of human rights and freedoms guaranteed by the Charter designed by Pierre Elliott Trudeau.

Canada (a free country) and the United States (a free country) have a long-established extraditiion treaty which has served both countries well. The United States tried to extradite Su Bin (who was  a recent immigrant to Canada) whom they accused of espionage involving two Chinese military officers.

It is highly illogical though for China to establish an extradition treaty with Canada while earlier trying to block, on an extraterritorial basis, an extradition to the United States of a Canadian citizen (who had been a Chinese citizen). Obviously, China wanted Canada to deport Su Bin to the PRC. It was using the Garratts as leverage.

In the long run, it appears that China wishes to establish an extradition treaty with Canada so that dual citizens who have been accused of espionage against US military targets can be extradited to China through contrived and connived trade-offs between Canada and China rather than extradited to the United States. This will make Canada a safe haven for Chinese spies. It also provides a backdoor for triad members to escape prosecution in the United States for international and cross-border crime in the areas of counterfeiting, drug trafficking and prostitution. It would be very surprising if there were not triad involvement in the Su Bin case or other cases similar to it, too.


D.卡尔顿 罗西

2017年1月4日





                                               

 
                                                张昆仑                                             

                                                   
       Zhang Kunlun



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
李洪志 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. 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 Dafa 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 anticipated 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.

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 Falun Dafa 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 Falun Dafa 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


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.卡尔顿 罗西

November 22, 2016








                                                      



D.卡尔顿 罗西  D. Kǎ'ěrdùn Luōxī

D. Carlton Rossi

November 07, 2016


                   China-Canada Extradition Treaty



The Right Honourable Justin Trudeau has said that "Canada has extremely high standards on extradition treaties" and a "very, very rigorous process that conforms with the expectations and the values of Canadians." That may very well be true of the fifty extradition treaties that Canada has signed with other countries. However, an extradition treaty with China is a very, very different matter and in a category all of its own. China holds neither to domestic rule of law nor international rule of law and so it does not conform "with the expectations and values of Canadians" whose core values are reflected in The Charter of Rights and Freedoms which is entrenched in the Constitution rather than rights and freedoms or lack thereof which are based upon the values of a Core Leader. In fact, Trudeau was quoted in The New York Times Magazine as saying that "There is no core identity, no mainstream in Canada". It is therefore unclear how there can be conformity on anything. This analysis argues that a China-Canada Extradition Treaty must be at least dependent upon  extradition agreements signed between the Chinese themselves; namely, the two Special Administrative Regions of Hong Kong and Macao, Taiwan and the PRC.

Many Hong Kongers applied for residency in Canada prior to the handover in 1997. They then returned to Hong Kong to see if Hong Kong would remain as a separate and independent jurisdiction. Instead, they have seen a continual erosion of its jurisdiction with mainland incursion and intrusion.  

The HKSAR has been able to complete international agreements as if it were an independent state. Therefore, it has been able to arrange extradition treaties with various countries. However, if the judicial system of Hong Kong becomes less independent and more integrated with the judicial system of the PRC then rights of criminal defendants  will be compromised.

Canada has signed an extradition treaty with Hong Kong. It was made possible because Hong Kong abolished the death penalty in 1993 under the British Colonial government. Canada had earlier abolished the death penalty in 1977 under the Liberal government of Pierre Elliot Trudeau who argued strongly for abolition.

However, what happens in the future to Canadians arrested in Hong Kong or Hong Kongers  arrested in Canada if Hong Kong does not have a separate and independent judiciary? It would seem that a China-Canada Extradition Treaty would override, supercede and make obsolete the Hong Kong-Canada Extradition Treaty. Why would Canada weaken its extradition treaty with Hong Kong which is  based on "rule of law" and substitute an extradition treaty based on "rule by law" with the PRC?

Presumably, Hong Kong-Canadians might be extradited to the PRC which has the death penalty or if to Hong Kong then their treatment might be less than humane. Remember that Hong Kong has not agreed to a formal extradition treaty with the PRC because the PRC has the death penalty and also due to its treatment of prisoners. Why would Canada contemplate an extradition treaty with the PRC if there is no extradition agreement between Hong Kong and the PRC?

It is one thing to do as the Chinese do while visiting the PRC, but it is another thing to do as they say regarding the core identity of Canadians. Canadians do not have an affinity with an authoritarian Core Leader. They will not be substantially influenced, either, by one who may be a moral relativist without core identity in dealings with China as it concerns rule of law and human rights. To put it bluntly, in these matters, Canadians want the vision of Pierre Elliot Trudeau who presumably named his son after Justinian who compiled a Body of Civil Law.

It is highly disturbing that Kevin Garratt was detained and  arrested on charges of spying and stealing state, military secrets only one week after it was alleged that a "highly sophisticated Chinese state-sponsored actor recently managed to hack into the computer systems at Canada's National Research Council". Of course, the charges are denied by China. In other words, he was held as a virtual hostage for accusations of alleged crimes committed by China in Canada. It is beyond coincidence that he was convicted on those charges, granted bail and then deported to Canada unless there was an understanding that Canada would open talks regarding a China-Canada Extradition Treaty which transpired a short time later. What kind of extradition treaty is executed on apparent extortion?  

Canadian governments under both the Liberals of the Rt. Hon. Chrétien and the Conservatives of the Rt. Hon. Harper supported the populist Bo Xilai as a reformer. They were mistaken. He wanted to return China to the heyday of the Cultural Revolution under Mao. In fact, he was so popular that he was regarded as a threat to the Communist Party. Bo's fall meant the collapse of Canada's foreign policy regarding China. Is the Canadian government in the process of aligning itself with another pro-Mao leader whose agenda is eerily similar to the Anti-Rightest Campaign of 1957 which persecuted intellectuals and led to loss of individual freedoms?

An editorial opinion in The Ottawa Citizen of September 07, 2016 hit the mark. It expressed the view that "Trudeau missed an opportunity to deal straightforwardly with China. Whatever else he gained, he loses points for not distinguishing between taking responsibility, and denying the need to." The Minister of Foreign Affairs or the Honorable Stéphane Dion replied semantically that "To say that nothing is perfect is obviously not the same as saying everything is equivalent."

It is clear though that Stéphane Dion has expressed both too few words and too many words on other occasions. His loss for words concerned a lack of response to the Chinese representative who berated a Canadian journalist for her concerns on human rights in China. It seems that he expressed too many words against an extradition treaty with a country which supported the death penalty as does China. To his credit, he told that reporters as reported by The Huffington Press that what Canada means by the rule of law is “due process, the independence of the judicial system, the rights for detainees, and asking clemency in every circumstance.” It is evident that his views are at odds with those of the Prime Minister on the extradition issue.  
 
The Special Administrative Region of Macao known by the abbreviation MOSAR did away with the death penalty in 1976 when Portugal abolished it in all its territories. Macao does not have an extradition agreement with the PRC. It is reluctant to sign an agreement because the PRC has the death penalty. Why would Canada be interested in signing an extradition treaty with the PRC before its region signs an agreement with it?  

Macao and Hong Kong have been negotiating for three years to establish an extradition treaty between them. A treaty has not been signed despite assurances. Why does Canada find it so imperative at this time to sign an extradition treaty with the PRC at its request when two administrative regions have been unable to sign an extradition agreement?

In an unprecedented move, the legislative assembly of Macao turned down the draft law brought to it by the Executive Council in late 2015 that would make it possible to sign extradition treaties with Hong Kong and the PRC. First, it was not easy to achieve consensus among those involved in different legal systems. Second, the agreements could allow for political activists to be extradited to the mainland. Third, the proposal would allow for the extradition of people wanted by China for national security or military crimes even if there was no such crime in Macau-- thus going  against international extradition principles. This is just a hint of a Pandora's box of constitutional and moral issues that will be opened up if a China-Canada extradition treaty is signed that could potentially involve the mainland, Taiwan, Hong Kong, Macao and other territories claimed by China.

There has been extradition of criminals since 1989 between Taiwan and the PRC. However, there has been no formal extradition treaty signed despite the fact that both have the death penalty. It appears that both are separated by more than the Taiwan Strait. If a Taiwanese resident were to seek asylum in Canada because of national security issues in the PRC then would it be covered by international extradition law or by a China-Canada Extradition Treaty?

In summary, a step by step approach should be taken with regard to any consideration of a China-Canada Extradition Treaty. The first step is that the PRC, Taiwan, Hong Kong and Macao must sign bilateral or multilateral extradition treaties among each other. In other words, they must resolve among themselves issues concerning the death penalty, human rights, judicial systems and laws. Only when the Chinese have achieved consensus on these issues can the process begin of negotiating a China-Canada Extradition Treaty.



References


PMO's Silence On China's Human Rights Record Troubling: Critics
Posted: 09/30/2016 5:03 pm

http://www.huffingtonpost.ca/2016/09/30/canada-china-legal-system_n_12270136.html


Ottawa to negotiate extradition treaty with China
ROBERT FIFE - OTTAWA BUREAU CHIEF
The Globe and Mail
Published Tuesday, Sep. 20, 2016 6:00AM EDT

http://www.theglobeandmail.com/news/politics/ottawa-china-to-negotiate-extradition-treaty/article31961475/


Canada to negotiate extradition treaty with China
By Lynn Desjardins
Tuesday 20 September, 2016    

http://www.rcinet.ca/en/2016/09/20/canada-to-negotiate-extradition-treaty-with-china-garratt/



Glavin: The questions politicians don't want us asking about Chinese money

Ottawa Citizen

May 07, 2016


http://ottawacitizen.com/opinion/columnists/glavin-the-questions-politicians-dont-want-us-asking-about-chinese-money



Macau Legislative Assembly rejects extradition proposal

Macao News

May 09, 2016


http://macaunews.com.mo/macau-legislative-assembly-rejects-extradition-proposal/



China’s Fox Hunt in Canada strains trust that an extradition treaty is possible

NATHAN VANDERKLIPPE

BEIJING — The Globe and Mail

Published Friday, Sep. 23, 2016 9:54PM EDT


http://www.theglobeandmail.com/news/world/chinas-fox-hunt-in-canada-strains-trust-that-an-extradition-treaty-is-possible/article32042306/







China-Canada Extradition Treaty

中国-加拿大引渡条约


The history of a China-Canada Extradition Treaty is a sordid one. Almost exclusively it has been China that has wanted an extradition treaty predominantly to expedite the extradition of their most wanted corrupt officials who have been charged with graft. In each of three major cases, China has dangled the carrot of trade benefits and the stick of incarceration of Canadian citizens to achieve its political ends. It has been a historical fact that there were three Canadians who were under arrest at the time of trade talks; namely, the dual citizen Zhang Kunlun for religious crimes, missionary Kevin Garratt for espionage and the apparent, dual citizen Xiao Jianhua for questionning regarding complex, shady, financial dealings.



                                                          
                                          Zhang Kunlun


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 passed an Extradition Act on December 28, 2000 at the height of the persecution of the Falun Dafa. Common sense concludes that the PRC was seeking a China-Canada Extradition Treaty 中国-加拿大引渡条约 that would cover the Falun Dafa issue. The bait was Zhang Kunlun and trade. Zhang Kunlun had dual citizenship, but entered China under a Chinese passport. He confessed under coercion to his crimes in January 2001 or just before the Canadian trade delegation led by Chretian was to arrive.



                     

                                       Kevin Garratt

Kevin Garratt was arrested on trumped-up charges of espionage. He was convicted on those charges. While the Canadian government denies that he was released on the condition that Canada negotiates an extradition treaty with China it certainly appears that way. Major trade negotiations were underway--particularly in canola sales.



                       


Now, again, there is a similar situation. Xiao Jianhua was granted Canadian citizenship, abducted from his residence in Hong Kong, and currently held in China. He may also have held a diplomatic passport from Antigua and Barbuda at the time of his arrest. It was speculated that he had left the mainland earlier because of  suspicions of graft. The open question is whether or not he also retains Chinese citizenship. If he is charged with a crime in China then it seems he will be charged as a Chinese citizen. However, it appears that a trial would be the last thing the Chinese government would want.

"The party in 2017 will hold its 19th congress, when all of the seven Standing Committee members except Xi and Li are scheduled to retire, having reached the age of 68. Six out of the remaining 18 members in the Politburo, the second most powerful body in the hierarchy, are also due to step down by then." 1. Disclosure of corruption, upper echelon ties and a trial of Xiao Jianhua would be a major embarrassment for the Chinese government. It seems that if his Antigua and Barbuda diplomatic passport had been renewed until 2018 then it was probably cancelled as of February 02, 2017 by an island government that wanted the appearance of transparency. Of course, a return to his Hong Kong residence is a possibility, but that is not far enough. Canada is far enough. For us it is a bridge too far.  

It seems that this time China is putting pressure on Canada to sign an extradition treaty under contrived circumstances. It is not in Canada's interest either to repatriate Xiao Jianhua or to sign an extradition treaty with China in order to secure his release and return to Canada. Of course, he should be offered consular services to ensure that he receives due process of law in China.


                         

                         Brian Mulroney and Justin Trudeau

Both the former Hon. Prime Minister Brian Mulroney and the Hon. Prime Minister Trudeau are interested in free-trade. Mulroney was elected on a free-trade platform which culminated in NAFTA. Trudeau is bucking the international trend to protectionism and perhaps the wishes of the Canadian people in pursuing a free-trade agreement with China on the back of the unpopular,conservative China-Canada FIPA. The length of the latter agreement roughly coincided with the longevity of an oil sands project.

It seems that Mulroney and Trudeau wish to push oil sands development. They believe that Xiao Jianhua (who had recommended Fancy Bridge to take over and expand the West Indies Oil Company in a passport for investment funds scheme) may help them pursue the goal of oil sands development. Xiao Jianhao controls trillions of yuan in assets. It appears they wish to promote an oil for wind turbine and solar panel deal. On the surface, that idea sounds ideal if one overlooks corruption practices of various governments. However, it begs the question "Why doesn't Canada through the Bank of Canada or its Canadian Infrastructure Bank (CIB) undertake to finance, design and manufacture wind turbines and solar panels in the Province of Alberta? Canada does not need to import them from China. More basically, why does a country with sophistical, technological expertise like Canada surrender a chance to  manufacture high technology products which will help to rebuild the middle-class?  

Finally, if Canada were to facilitate the transfer of Xiao Jianhua to Canada for dubious benefits then it would open up a Pandora's box of problems. Why did China find it necessary to pursue the return of Lai Changxing in order to stand trial in China if it conducts the opposite operation with respect to Xiao Jianhua. It appears that China may not wish to wait for the years it took to return Lai, but may want a quick solution to the Xiao issue for political expediency. Second, how can one stop dirty money--dirtier than the tar sands--from entering Canada and potentially introducing an epidemic of corruption across the country. Third, why would Canada consider under any circumstances an extradition treaty which would only serve the interests of China?

Fourth, there is nothing transparent about the bromance of a former Conservative Prime Minister and a current Liberal Prime Minister in terms of free-trade, an extradition treaty, political intrigues and the long-standing conduct of a bagman and purveyor of questionable, murky deals whose Canadian citizenship appears to be one of convenience and insurance. At this point, it does not look, though, that Xiao has been charged with financial crimes so that it is conceivable it might facilitate his entry into Canada without a bevy of charges against him. In other words, he would be free to conduct free-trade on an unrestriced and unfettered basis. Make no doubt about it, Mulroney wants access to Xiao's little red, contact book. Does Canada need to import corruption because there is not enough here?
 


China-Canada Extradition Treaty 中国-加拿大引渡条约




1.  Xi’s Anti-Corruption Campaign Signals Power Play for 2017

Ting Shi

July 4, 2014


https://www.bloomberg.com/news/articles/2014-07-03/corruption-crackdown-helps-xi-position-to-shape-future-leaders




D.卡尔顿 罗西
D. Carlton Rossi

2017年3月12








                        



           The Rise and Fall of MENG Hongwei (孟宏伟 )


Today's news is changing minute by minute. It is hard for one to keep up with the pace. However, it is worthwhile sometimes to step back and just ask oneself how did we get where we are. Our search engines don't make it easy because their algorithms are keyed to the present. For example, if you were to search for the Chinese name "Meng" you would get thousands of hits for "MENG Wanzhou" who is the CFO of Huawei. She and Huawei are in the news and are trending. What about the other "Meng" though whose given name is Hongwei?

Now the company name "Huawei" and the given name "Hongwei" may look similar to a typical Canadian, but they are quite distinct to any Chinese. "MENG Hongwei" whose surname is MENG and therefore capitalized here for easy recognition is not "MENG Wanzhou of Huawei". It's rather amazing, too, how JT of PMO still mispronounces this surname and can't distinguish English "MENG" from Chinese "MENG" in speech. Maybe he thinks the ENG represents English.

Justin Trudeau was a teacher. If it is recalled correctly he taught French and Mathematics and maybe Drama. He acts like a teacher at his town hall meetings where his prime delivery is in the form of monologue. Finally, he says quite clearly that if he were no longer Prime Minister then he would like to be a teacher and then repeated the assertion. Could he possibly become a student for two minutes and learn how to pronounce "MENG" or for that matter "Huawei"? It is a matter of national importance.


           

                          MENG Hongwei


This report describes "MENG Hongwei" who was the President of INTERPOL. Actually, it wasn't that long ago. He ceased to be President on October 7, 2018 when Chinese authorities announced he was in custody for taking bribes and political disloyalty. It appears its all about political disloyalty which is the more serious charge. This means disloyalty to the President (of the People's Republic of China).

As Chinese Vice Security Minister since 2004, Meng (Mèng Hóngwěi) was elected as President of INTERPOL at the 85th General Assemby in November 2016. This meant that he had two allegiances. One was to the Party and the other was to the international police organization. Obviously, this is a conflict of interest because his main allegiance was to the Party; although, he appears to have been associated with the Jiang faction which was "in the outs". However, Article 3 of the INTERPOL constitution prohibits it from becoming involved in matters which are of a predominantly political nature.

In the role of Vice Security Minister, he had previously been in charge of troubled areas like Xinjiang where over a million Uyghurs are held in detention camps. It is probably no coincidence that the Party likes to use a 1,000,000 figure to show how many Party members have been disciplined since 2014 for both petty and serious crimes. It wants to appear unbiased and unprejudiced, but there is no equivalence between detention of non-Han ethnic Uyghur who are Muslim (and perhaps separatists) with disciplinary measures undertaken against Party disciples who are predominantly Han and are officially Atheists.

Why did Meng Hongwei want to be President of INTERPOL in the fall of 2016; after all, it is basically a ceremonial position? Of course, it was to promote China's role in law and order as an international "police keeper" rather than "peace keeper". More specifically though it was to be able to track down political dissidents and alleged fugitives who have fled abroad. As Vice-Security Minister he had drawn up a "red-list" of the usual suspects under operation Sky Net. To some degree this red-list would correspond to the red-list of INTERPOL which he intended to modify and act on. Second, as head of the executive committee he would help set the agenda for new initiatives as well as oversee the work of the Secretary General who was the day-to-day chief. Finally, according the analyst Ander Corr, "At the same 2016 General Assembly where Mr. Meng was elected president, Interpol voted to call for “systematic collection and recording of biometric information as part of terrorist profiles.” This is a measure that makes human rights and civil liberties activists particularly nervous. In Xinjiang and abroad, China uses this technology and the excuse of terrorism, to repress its own Muslim minorities and extend its growing influence globally."

A slight digression is needed to show how Canada may have contributed at least indirectly to his election in the General Assembly and how Meng Hongwei relates to Huawei Technologies. By the way, the term General Assembly reminds one of the General Assembly of the UN which defends rule of law, but the appointment of a Chinese Vice-Security Minister to the position of President of INTERPOL signals that the organization was veering away from rule of law toward rule by law. Canada's possible support of Meng Hongwei may have begun when Canada announced at the beginning of August 2016 that it would enter into Free-Trade and extradition talks with China. Basically, though, Canada was talking Free-Trade and listening to Extradition.

With respect to extradition, China wanted to be able to extradite from Canada red-list individuals. This definitely concerned Meng Hongwei who had earlier helped to compile the Chinese red-list. There may have been 26 individuals on China's red-list who sought refuge, so to speak, in Canada. Whether or not these individuals were sought for fraud or were political dissidents was somewhat irrevelant to Canada since it was concerned that any individuals returned to China might be tortured or executed.


          

                          The Garratt Family


While the Canadian government never honestly admitted that there was a link between the new Canada-China agenda and the Garratt case it was obvious to a blind and deaf person. The Garratts had been arrested two years earlier to exert pressure on the Canadian government to release Su Bin who would be extradited to the US on espionage charges. Su Bin was extradited. However, the Garratts were arrested on espionage charges in retaliation. They were released by the Chinese not because Canada was following rule of law, but because of a trade-off.

At any rate, it seemed that "normal" relations had resumed in the fall of 2016. By normal it is meant that the Canadian government would concentrate on trade for the benefit of Canadian economic elites such as the Canada-China Business Council which wanted to exclusively deal with Chinese SOE's and so-called "private" companies like Huawei while the government served its own political self-interest. In other words, it is an unholy alliance between politics and commerce.


           

                           Stephane Dion


What was a bit abnormal was when Trudeau stood next to the Chinese Premier to announce that both countries were negotiating an extradition treaty; yet, a day later Stephan Dion seemed left out of the loop. In a telephone interview he denied that there were negotiations planned which would see Canada return Chinese fugitives for economic crimes. "Your paper [The Globe and Mail] should check the facts. There is no negotiation. To write like pretending it is, it is wrong. Stop that please." In a similar way he denied that Canada would ever make concessions to China in order to secure the release of Garratt.

Despite these misstatements, Foreign Minister Dion had a clear understanding of the dangers that Canada faced if it entered into extradition talks with China. He may also have been bothered by the arrest of Garratt in retaliation for the extradition of Su Bin to the US. The trade-offs that must have been made by Trudeau at this time may have encouraged the Chinese to use the same tactic with the arrest of Meng Wanzhou by arresting Canadian hostages; so, in a way, Trudeau is reaping what he has sowed.

A few months later Meng Hongwei was elected as President of INTERPOL at the 85th Congress of the General Assembly in Bali while Alexander Prokopchuk was elected Vice-President. Both individuals could use their position to target critics of their respective governments. It is not known how Canadian police delegates (some of whom may have been RCMP) voted through secret ballot, but if they took their cue from Trudeau's "tip toe through the tulips" approach then they were not concerned about comrade Meng or Prokopchuk.


             

                                Scott Bradley


One must digress for a few minutes to show the development of the Canadian involvement with Huawei Technologies because it relates to Meng Hongwei. Scott Bradley had been an executive with BCE about a decade ago. Without going into details he had left rather quickly. He tried to make a political career by running for the Liberals in Ottawa-Center. He was unsuccessful and ironically blamed the call centres of competitors for his failure. However, he managed to secure a position with Huawei where he was soon tested. The year was 2012. At that time, the US House of Representatives intelligence committee made allegations that if Huawei equipment were used in core networks then it would threaten national security. Over the years, BCE invested heavily in Huawei equipment. With the arrest of Meng Wanzhou, Huawei's plan to develop a 5G network in Canada was coming apart. Scott Bradley resigned from his position as Vice-President of Corporate Affairs for Huawei Technologies, but continues to act as an advisor. 1月11日,华为一高管在波兰被捕,同日,华为加拿大公司高级副总裁布拉德利(Scott Bradley)在社交媒体宣布辞职。

During his time as spokesman, it was Bradley who tried to assuage fears felt by Canadians when Pierre Perron was hired by Huawei Technologies. Perron had been the Chief Information Officer of the RCMP. He had had an exemplary 35 year career with the force before he retired. Bradley said that "Mr. Perron will not be lobbying the Canadian government on behalf of Huawei or Huawei Canada". In fact, it was Bradley who was lobbying the Canadian government.

One can imagine that the Quayside project envisioned by Google Sidewalk Labs for the Toronto Harbourfront is similar in nature to Huawei Technologies "Safe City", but on a much smaller scale. It proposes to design, test and build infrastructure from the bottom up for maximum efficiency. It is basically a controlled environment. To do this though the city has to implement a mammoth flood protection project in light of seemingly uncontrollable global warming. Critics though such as Bianca Wylie regard the main problem beyond privacy concerns to be "the risks of governments ceding power to private companies". For larger projects one wonders how "private" is Huawei Technologies. According to Eric Schmidt who was Executive Chairman of Alphabet, it was Justin Trudeau who introduced the idea of the innovative concept to him in 2015.


                          

                            Pierre Perron  RCMP


It is not surprising that Pierre Perron would join Huawei's "Safe City" initiative. Safe City is the dream of a planned city in a planned economy similar to Xi Jinping's legacy project in Xiong which happens to begin with the Chinese character "Xi". It would be refreshing for him to build up from the ground floor as opposed to trying to rationalize existing systems and databases through a particular software program. To put it into the Chinese context of standardization--one size fits all. The author has briefly encountered Mr. Perron in a rather unique and unforgettable way.



                          


                 Pierre Perron  (Global Public Safety Expert)



The showcase of the Safe City was held in conjunction with the INTERPOL assembly which was held in Singapore from July 4-7, 2017. Perron gave a speech on the Crisis and Disaster Management Solution. In general, Huawei Technologies shared their "one-stop C-C4ISR collaborative Public Safety Solution which was jointly developed with partners to help the digital transformation of cities and public safety".  The reader will notice that "Security" is always soft-pedaled as "Safety" or "Safe" .



           

             Meng Hongwei at Singapore Conference


At the INTERPOL Assembly, Meng Hongwei delivered a key-note speech to delegates which included RCMP Commissioner Brenda Lucki who was defending Canada's interests in INTERPOL. Meng Hongwei who was the President of INTERPOL cited "the recent outbreak of ransomware WannaCry, which has scrambled data at hospitals, factories, banks, government agencies and other businesses in Asia and beyond." The author though believes that virus originated in China; so, it is ironical that he is proposing world-wide solutions to a problem created in China when he was concurrently Vice Minister of Security. The logo of Huawei is displayed in the background of his picture. One might say that Hongwei and Huawei were sympatico.

The Singpore conference of INTERPOL and Huawei 2017 was a prelude or dry-run to the 87th General Assembly of INTERPOL in Beijing from September 26-29, 2017. Beijing was mentioned in a Brookings Institution report on Safe City Innovation. It revealed there were 470,000 CCTV cameras installed in addition to numerous others in hotels, schools and private homes. The report also discussed the two model "safe cities" of Lijiang, Yunnan Province and Nairobi, Kenya which were equipped with Huawei systems.


              

                       Meng Hongwei and Xi Jinping


At the General Assembly, the President of INTERPOL was eclipsed by the President of China--Xi Jinping. Of course, President Xi delivered the opening remarks. He underscored the need for cooperation. President Meng stressed that INTERPOL should face the future. His future though as Deputy Head of the Ministry of Public Security was somewhat foreshadowed in the ceremonies which alarmed the western audience.


              


Jack booted policemen in Gestapo looking outfits held flags in front of them as if they were giving "Seig Heil" salutes. It wouldn't be the first time that INTERPOL had a president from a fascist state. The first president was Otto Steinhausl who was a SS Oberfuhrer and Polizeprasident of Vienna in 1938. The second was Reinhard Heydrich who was the main architect of the Holocaust. He was also General der Polizei as well as chief of the Reich Main Security Office. He was followed by Arthur Nebe who was involved in the security and police apparatus. Then came Ernest Kaltenbrunner who was Obergruppenfuhrer in the Schultzstaffel (SS) and later Chief of the Reich Main Security Office. All of them must have been looking over their shoulders though for what they did to others could be done to them by the Fuhrer.



                          



           Grace Meng assumes her husband's surname
                            in solidarity with him



On September 26th, 2018 (Beijing time) Grace Meng who is the wife of Meng Hongwei received a kitchen knife emoji from her husband in China. This was a signal of danger. Meng's arrest was on the first anniversary of the General Assembly of INTERPOL in Beijing. This may not have been a coincidence if suspicions of Meng had been aroused at that time. Apparently, Meng was thrown in a black jail in the outskirts of Beijing. The Public Security Minister (whose name is Zhao Kezhi) said in relation to the arrest that there was a need to "resolutely eliminate the pernicious influence of Zhou Yongkang" the former security czar. Actually, Meng's promotions had coincided with Zhou Yongkang's rise in the security apparatus. They were part of the Jiang faction that resisted the power of Xi. Therefore, the arrest of Meng may represent a purging of opposition.


               


                Fang Fenghui (left) and Zhang Yang (right)


Shortly thereafter, Generals Fang Fenghui and Zhang Yang were expelled from the Party. They were accused of corruption. According to State Media, Fang had escaped prosecution a year earlier by committing suicide. He hanged himself in either a suicide or forced suicide. The prosecutors proceeded with the Fang case. SINOINSIDER believes that the two generals may have been involved in a soft coup attempt against the Xi leadership. Furthermore, they believe that the arrest of Meng may be connected to it.

It is unlikely that we will hear from Meng Hongwei again. He simply knows too much. He has served as Vice-Minister of Public Security since 2004. He was Director of the Maritime Police Bureau and the State Oceanic Administration from 2013 to 2017. He was President of INTERPOL. All of this involves a lot of influence and information for one who seems to be connected to the Jiang Zemin faction of the Party and poses a threat to China's leadership. The Party must be worried about what secrets Meng Wanzhou of Huawei might reveal if she is extradited to the US.


D.卡尔顿 罗西
D. Carlton Rossi

2019年2月4日






                          






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.








                                    FIVE LIVES


There are currently five Canadians who are incarcerated in the People's Republic of China. Canadian negotiators have not been successful in getting them off and out of China. The author contends, generally speaking, that officials have placed a priority on achieving free trade rather than a release of prisoners. With regard to free trade there are a lot of secret discussions in camera with the Chinese; however, our government only pays public, lip service to issues regarding the release of Canadian prisoners. In other words, the emphasis is placed on free trade rather than free the prisoners. As has been mentioned earlier by the author one cannot do both at the same time. 


Canadian negotiators have made the mistake of allowing the Chinese to link free trade with an extradition treaty. The Chinese have no need or desire for free trade. They want an extradition treaty. The Chinese imply that if Canadians want free trade (which Trudeau in Singapore recently stated was a long term goal) then they need to sign an extradition treaty. Therefore, Canadian officials must state categorically that they are not interested in free trade, but rather sectoral trade. However, Canadians must also make it explicit that they are not interested in an extradition treaty with China until the cow jumps over the Moon. 


It is also incumbent on Canadian negotiators not to link free trade with human rights issues. They are two different things. The abysmal failure of Trudeau's push for progressive Liberal values (which incidentally reflect local politics) was a non-starter for the Chinese. The attempt to link free trade with the re-education camp issue in Xinjiang Province was another glaring error. The Chinese don't want free trade so why would they want to do anything about re-education camps for this reason. The Chinese simply said that they would like Canadian investment there--presumably in re-education camps or private jails. If Trudeau thinks there is a similarity between residential native schools in Canada and re-education camps in a Muslim province of China then he is manifestly mistaken. 


                 

One of the FIVE LIVES is in a jail in Xinjiang Province. He is Uyghur-Canadian dissident Huseyin CELIL. His case was not addressed (as far as the author knows) in the letter with fifteen, ambassadorial signatures which was sent to their Chinese counterpart on the issue of re-education camps. There is a large difference between a camp and a Canadian residential school, but it is unclear what the difference is between a Chinese camp and a Chinese jail for a camp appears more like a jail. It is said by a Chinese representative that "During his [CELIL's] time in prison he took the initiative to speak. He educated more than 200,000 people by sharing his own experience". In other words, an inmate spoke to captive audiences--probably at camps and prisons. 


The Chinese want an extradition treaty for two purposes. The most important is so that Chinese accused of stealing intellectual property (secrets) in Canada from American subsidiaries are not extradited to the United States. The second reason is to undermine our Charter of Rights and Freedoms because it cannot be guaranteed by Chinese authorities that extradited Canadian-Chinese will receive due process of law in China. By signing an extradition treaty, Justin would be undermining his father's greatest achievement--The Charter of Rights and Freedoms.  


One might ask then what leverage do Canadians have in negotiations to release prisoners. The answer is none. There are no Chinese prisoners for Canadians to trade for Canadian prisoners in China. The Chinese are able willy nilly to pick up any Canadian for any reason and hold them as pawns to be sacrificed in negotiation. If prisoners wish to be free then they must plead guilty and beg for mercy. 


Therefore, in the author's opinion, not only should Canada reject any consideration of an extradition treaty, but should cancel the existing extradition agreement with China. That extradition agreement is  based to a great extent on British law as it applied to Hong Kong more than a century ago. This week several Hong Kongers are on trial for peacefully protesting against totalitarianism under a Hong Kong ruled by mainland China. 


One would be remiss if one did not mention the case of the Canadian missionary Kevin Garratt who was arrested for spying. He was held in a Chinese prison for two years. It was said (but not admitted by Canadian negotiators) that he was released by the Chinese if they were allowed to present their agenda regarding an extradition treaty with Canada. 


This intrigue and machination took place at the beginning of exploratory free trade talks between Canada and China. China was totally in control all the time. This was evidenced by the dockage issue raised by the Chinese in the canola negotiations as reported by the author. The Chinese cleverly linked dockage to human rights without Canadian negotiators even recognizing the relation while at the same time telling them not to talk about human rights along with trade. After everything was over, all the  Canadian negotiators could ask themselves is "What the hell happened?" The Chinese played Trudeau as a puppet in a Hebei shadow opera. 


                  

One occasionally hears about one of the five Canadian prisoners as their case proceeds. For example, the SUN Qian trial (if one can call it that) began and finished on September 12, 2018. SUN pleaded innocent and declared her right to practice Falun Gong. This case is complicated because it also involves a billion dollar medical company. At the end of the trial the judge made no decision. This seems to signal that he wants a guilty plea. 


               

Most Canadians are familiar with the case of John CHANG. His arrest was based on administrative or commercial law, but somehow criminal law was applied. Nothing like arbitrarily changing charges or the rules to ensure a longer sentence. It meant that he was charged with smuggling which also has a much more broad definition. CHANG declared his innocence by saying he believed the shipment was valued at a proper price and that he was exporting legally. The trial of CHANG finished some time ago, but as far as is known to the author, no verdict has yet been rendered. A trial without a verdict is itself injustice because it waits for a guilty plea. 


                  

The fourth of the FIVE LIVES is Canadian WANG Bingzhang. He has been imprisoned the longest at over sixteen years for the crime of political activism. He serves in solitary confinement which is a cruel and unusual punishment. In 2002, he was kidnapped from Vietnam and brought to China where he was imprisoned. In a similar way, CECIL was arrested in an extraterritorial way outside of China in Uzbekistan. The fifth of the FIVE LIVES or XIAO Jianhua was arrested outside of the mainland in Hong Kong from where he was spirited out in the disguise of a military overcoat with hood over head and perhaps in wheelchair. 


                        


XIAO Jianhua built a business empire made up of hundreds of corporations linked through complicated ownership structures. He amassed a personal wealth of at least 6 billion dollars (U.S.) by facilitating finances of highly connected political figures. Currently, he is under house arrest as he unwinds various business deals. His main connection to Canada seems to be a Canadian passport; although, the author seems to recall that his wife Zhou Hongwen and some children are now in Canada. It is reported that he may be charged with stock price manipulation and bribery. 



D.卡尔顿 罗西

D. Carlton Rossi

2018年11月22日











  

                       
                             

                              The SUN Case


Canadians do not like to be kept in the dark concerning non-transparent, secret talks and matters between the Chinese and Canadian governments. If an extradition treaty is a "long, long, long way off" according to Ambassador McCallum then why are representatives wasting time on the matter and not devoting more time to exploration of free-trade--whatever free-trade means. There really has never been free-trade nor will there ever be free-trade anywhere or anytime. However, there is an important issue that requires the full attention of consular officials in China; namely, the arrest of a Canadian on a Canadian passport who has been thrown in cell 414 under Article 300.


SUN Qiao is not free in Beijing First Detention Centre; although, she is a director, vice-president and co-founder of a bio-chemistry firm called Beijing Leadman Biochemistry Co., Ltd. The company was founded in 1997. The company is principally engaged in the research, development, production and distribution of in-vitro diagnosis products and biochemical raw materials. For a time, it seems that it was called Leadman Biochemicals Inc. as a Canada non-distributing corporation whose principal office was in Westmount, PQ.


Coincidentally, the foundation of this science based company which specializes in medical diagnostic tools was at the beginning of a rapid expansion of the transplant industry in China which began in 1999. God only knows where the organs came from; although, there is the suspicion that they came from unrepentant Falun Gong members.


Ms. Sun was converted to Falun Gong practices and principles in 2014. She believes it has helped her deal with personal, health issues. It may also be that in the past she believed that she was helping people by providing diagnostic services, but gradually became disillusioned with the reality of the situation. Today, it seems she places more value on the immaterial rather than the material. This circumstance led to her arrest.


With respect to exploratory talks on an extradition treaty one has to ask why weren't talks immediately called off on February 19, 2017 by the Canadian government on the arrest of SUN Qian who is a Canadian citizen. One cannot quietly downplay an event of this significance unless one is in a state of sonorous somnolence. There is nothing more important than defending her rights and freedoms.


Around the third week of March the Australian government failed to get the requisite support to ratify an extradition treaty which had been signed ten years earlier. "Political opposition to the treaty in Australia stemmed from concerns over China's humanitarian record, with human rights groups regularly accusing Beijing of obtaining confessions through torture." The cancelled vote came after three Australian employees of casino operator Crown Resorts Ltd. were arrested in November 2016 for alleged gambling offenses. Also, at the time of Li Keqiang's five day visit to China on trade issues, Professor FENG Chongyi who is a permanent resident of Australia had been detained in Guangzhou. Professor Feng was an advocate of political liberalization, but was detained for suspicion of threatening national security.


The Canadian government has wanted to take the easy route and use the China-Australia free-trade agreement as a template. However, how can it do this and not recognise the significance of the Australian government's inability to ratify an Extradition Treaty after 10 years? Why didn't the Canadian government take this opportunity to cancel "exploratory" extradition talks with the Chinese as an expression of dissatisfaction with the incarceration of a Canadian executive because of her religious beliefs and her expression of them? The Australians stood up for their Australian citizens and permanent resident while the Canadians stepped back from their Canadian citizen.


Why aren't "exploratory" extradition treaty discussions cancelled as of this date on May 10, 2017? This isn't once upon a long, long, time or fairy tale. Politically speaking, a long time can be hours or minutes for politicians who deal in slogans. Talks should be cancelled immediately for a period of ten years and then the issue may be reviewed. Canadians cannot morally negotiate an extradition treaty when any Canadian citizen is arrested and held hostage by a host country. We do not pay ransom in the form of an extradition treaty. We do not accept the harvesting of organs from Falun Gong prisoners under any circumstances. This practice is morally reprehensible and repulsive.


Furthermore, why did it take seventy-two days for Ambassador McCallum to announce the arrest of SUN Qian to the Canadian public through a return visit to Canada? He is no Confucius or sage in terms of the number 72. He may return, but she may not. Is it true that the only Canadian citizen who is safe in China is one who has diplomatic immunity?


Should not Canadians who had travel plans to China been apprised of the exact risk, too? The author had considered a visit to China during the 72 day period. He had been invited as a guest with full airfare and hotel paid. If he had known Ms. Sun had been arrested he would have made alternate arrangements.


A Canadian privacy issue is cited for the lack of a public announcement of Ms. Sun's arrest. Naturally, there is a balance to be struck between her privacy and the right of the public to be informed. However, do you really think Ms. Qian has any privacy in cell 414. She is monitored 24/7. Ms. Sun's case should be of the highest priority and of paramount importance for the Canadian government. It should have been brought to the attention of the Canadian public without delay.


However, cessation of exploratory talks on an extradition treaty may not be enough. If Ms. Sun is not released unconditionally and immediately then extradition of any and all Chinese-Canadians from Canada to China must cease for concern they may be tortured or ill-treated. In addition, a closer examination of Chinese immigrants may be necessary to weed-out corrupt officials. A civilized society cannot ignore defense of its cherished, core values which involve freedom of speech and religion. There are no trade-offs.


Simply put, China has an authoritarian government under rule by law; whereas, Australia and Canada have rule of law. There is nothing in common between the two systems. Why is Canada still enmeshed in exploratory, extradition treaty talks when China does not accept dual citizenship! Canada cannot walk (free-trade negotiations), chew gum (extradition treaty) and talk (individual human rights cases) at the same time. The triangle is irregular or scalene with unequal sides and angles.


Canadian negotiators are caught in a quagmire. Both sides have agreed not to talk of human rights as part of future, free-trade negotiations. That leaves only the extradition treaty forum for them to express their divergent views on human rights. However, the scales are not balanced when one side without rule of law arrests a citizen who enters on a Canadian passport and who ostensibly has dual citizenship which is not recognized by the PRC. This is further reason to permanently cancel exploratory, extradition treaty talks. To pursue talks sends mixed messages and is a sign of weakness.


The scales were not balanced either last September when Canada agreed to talk about the prospect or non-prospect of an extradition treaty with China. The evangelical, Christian Kevin Garratt who is a Canadian citizen had been charged with spying and stealing state secrets and held for two years. The government claimed there was no linkage between his release and Canada's agreement to talk about an extradition treaty. Is China going to pile up prisoners in order to persuade Canada to continue extradition talks and eventually wear it down to sign a treaty?


No one has forgotten the arrest of the Canadian citizen, Zhang Kunlun, because he was a member of the Falun Gong. The extradition issue, trade prospects and human rights issue were prominent at that time, too. It was just before the arrival of Prime Minister Chrétien and his trade delegation. One can no longer claim to be two innocents in China (Trudeau in 1949), nor a leader of Team Canada with Foreign Affairs Minister (Chrétien and Manley) who did not recast their mission as trade and human rights (2001) nor a proponent of sunny ways (Trudeau 2017) and be excused on the basis of naïveté or with Eyes Wide Shut.


D.卡尔顿 罗西
D. Carlton Rossi

2017年5月10日






              
                         



                                                 

                                                  Extradition Treaties


The Right Honourable Justin Trudeau has said that "Canada has extremely high standards on extradition treaties" and a "very, very rigorous process that conforms with the expectations and the values of Canadians." That may very well be true of the fifty extradition treaties that Canada has signed with other countries. However, an extradition treaty with China is a very, very different matter and in a category all of its own. China holds neither to domestic rule of law nor international rule of law and so it does not conform "with the expectations and values of Canadians" whose core values are reflected in The Charter of Rights and Freedoms which is entrenched in the Constitution rather than rights and freedoms or lack thereof which are based upon the values of a Core Leader. In fact, Trudeau was quoted in The New York Times Magazine as saying that "There is no core identity, no mainstream in Canada". It is therefore unclear how there can be conformity on anything. This analysis argues that a China-Canada Extradition Treaty must be at least dependent upon extradition agreements signed between the Chinese themselves; namely, the two Special Administrative Regions of Hong Kong and Macao, Taiwan and the PRC.


Many Hong Kongers applied for residency in Canada prior to the handover in 1997. They then returned to Hong Kong to see if Hong Kong would remain as a separate and independent judisdiction. Instead, they have seen a continual erosion of its jurisdiction with mainland incursion and intrusion.


The HKSAR has been able to complete international agreements as if it were an independent state. Therefore, it has been able to arrange extradition treaties with various countries. However, if the judicial system of Hong Kong becomes less independent and more integrated with the judicial system of the PRC then rights of criminal defendants will be compromised.



Canada has signed an extradition treaty with Hong Kong. It was made possible because Hong Kong abolished the death penalty in 1993 under the British Colonial government. Canada had earlier abolished the death penalty in 1977 under the Liberal government of Pierre Elliot Trudeau who argued strongly for abolition.



However, what happens in the future to Canadians arrested in Hong Kong or Hong Kongers arrested in Canada if Hong Kong does not have a separate and independent judiciary? It would seem that a China-Canada Extradition Treaty would override, supercede and make obsolete the Hong Kong-Canada Extradition Treaty. Why would Canada weaken its extradition treaty with Hong Kong which is based on "rule of law" and substitute an extradition treaty based on "rule by law" with the PRC?


Presumably, Hong Kong-Canadians might be extradited to the PRC which has the death penalty or if to Hong Kong then their treatment might be less than humane. Remember that Hong Kong has not agreed to a formal extradition treaty with the PRC because the PRC has the death penalty and also due to its treatment of prisoners. Why would Canada contemplate an extradition treaty with the PRC if there is no extradition agreement between Hong Kong and the PRC?



It is one thing to do as the Chinese do while visiting the PRC, but it is another thing to do as they say regarding the core identity of Canadians. Canadians do not have an affinity with an authoritarian Core Leader. They will not be substantially influenced, either, by one who may be a moral relativist without core identity in dealings with China as it concerns rule of law and human rights. To put it bluntly, in these matters, Canadians want the vision of Pierre Elliot Trudeau who presumably named his son after Justinian who compiled a Body of Civil Law.



                  

                                  Kevin Garratt


It is highly disturbing that Kevin Garratt was detained and arrested on charges of spying and stealing state, military secrets only one week after it was alleged that a "highly sophisticated Chinese state-sponsored actor recently managed to hack into the computer systems at Canada's National Research Council". Of course, the charges are denied by China. In other words, he was held as a virtual hostage for accusations of alleged crimes committed by China in Canada. It is beyond coincidence that he was convicted on those charges, granted bail and then deported to Canada unless there was an understanding that Canada would open talks regarding a China-Canada Extradition Treaty which transpired a short time later. What kind of extradition treaty is executed on apparent extortion?


Canadian governments under both the Liberals of the Rt. Hon. Chrétien and the Conservatives of the Rt. Hon. Harper supported the populist Bo Xilai as a reformer. They were mistaken. He wanted to return China to the heyday of the Cultural Revolution under Mao. In fact, he was so popular that he was regarded as a threat to the Communist Party. Bo's fall meant the collapse of Canada's foreign policy regarding China. Is the Canadian government in the process of aligning itself with another pro-Mao leader whose agenda is eerily similar to the Anti-Rightest Campaign of 1957 which persecuted intellectuals and led to loss of individual freedoms?




                                    


                                                             Stephen Dion



An editorial opinion in The Ottawa Citizen of September 07, 2016 hit the mark. It expressed the view that "Trudeau missed an opportunity to deal straightforwardly with China. Whatever else he gained, he loses points for not distinguishing between taking responsibility, and denying the need to." The Minister of Foreign Affairs or the Honorable Stéphane Dion replied semantically that "To say that nothing is perfect is obviously not the same as saying everything is equivalent."



It is clear though that Stéphane Dion has expressed both too few words and too many words on other occasions. His loss for words concerned a lack of response to the Chinese representative who berated a Canadian journalist for her concerns on human rights in China. It seems that he expressed too many words against an extradition treaty with a country which supported the death penalty as does China. To his credit, he told that reporters as reported by The Huffington Press that what Canada means by the rule of law is “due process, the independence of the judicial system, the rights for detainees, and asking clemency in every circumstance.” It is evident that his views are at odds with those of the Prime Minister on the extradition issue.


The Special Administrative Region of Macao known by the abbreviation MOSAR did away with the death penalty in 1976 when Portugal abolished it in all its territories. Macao does not have an extradition agreement with the PRC. It is reluctant to sign an agreement because the PRC has the death penalty. Why would Canada be interested in signing an extradition treaty with the PRC before its region signs an agreement with it?


Macao and Hong Kong have been negotiating for three years to establish an extradition treaty between them. A treaty has not been signed despite assurances that it was imminent. The issue seems to revolve around retroactivity. Why does Canada find it so imperative at this time to sign an extradition treaty with the PRC at its request when two administrative regions have been unable to sign an extradition agreement?


In an unprecedented move, the legislative assembly of Macao turned down the draft law brought to it by the Executive Council in late 2015 that would make it possible to sign extradition treaties with Hong Kong and the PRC. First, it was not easy to achieve consensus among those involved in different legal systems. Second, the agreements could allow for political activists to be extradited to the mainland. Third, the proposal would allow for the extradition of people wanted by China for national security or military crimes even if there was no such crime in Macau-- thus going against international extradition principles. This is just a hint of a Pandora's box of constitutional and moral issues that will be opened up if a China-Canada extradition treaty is signed that could potentially involve the mainland, Taiwan, Hong Kong, Macao and other territories claimed by China.


There has been extradition of criminals since 1989 between Taiwan and the PRC. However, there has been no formal extradition treaty signed despite the fact that both have the death penalty. It appears that both are separated by more than the Taiwan Strait. If a Taiwanese resident were to seek asylum in Canada because of national security issues in the PRC then would it be covered by international extradition law or by a China-Canada Extradition Treaty?


In summary, a step by step approach should be taken with regard to any consideration of a China-Canada Extradition Treaty. The first step is that the PRC, Taiwan, Hong Kong and Macao must sign bilateral or multilateral extradition treaties among each other. In other words, they must resolve among themselves issues concerning the death penalty, human rights, judicial systems and laws. Only when the Chinese have achieved consensus on these issues can the process begin of negotiating a China-Canada Extradition Treaty.


References


PMO's Silence On China's Human Rights Record Troubling: Critics

Posted: 09/30/2016 5:03 pm

http://www.huffingtonpost.ca/2016/09/30/canada-china-legal-system_n_12270136.html Ottawa to negotiate extradition treaty with China




ROBERT FIFE - OTTAWA BUREAU CHIEF

The Globe and Mail

Published Tuesday, Sep. 20, 2016 6:00AM EDT

http://www.theglobeandmail.com/news/politics/ottawa-china-to-negotiate-extradition-treaty/article31961475/



Canada to negotiate extradition treaty with China

By Lynn Desjardins

Tuesday 20 September, 2016


http://www.rcinet.ca/en/2016/09/20/canada-to-negotiate-extradition-treaty-with-china-garratt/



Glavin: The questions politicians don't want us asking about Chinese money

Ottawa Citizen

May 07, 2016

http://ottawacitizen.com/opinion/columnists/glavin-the-questions-politicians-dont-want-us-asking-about-chinese-money



Macau Legislative Assembly rejects extradition proposal

Macao News

May 09, 2016

http://macaunews.com.mo/macau-legislative-assembly-rejects-extradition-proposal/



China’s Fox Hunt in Canada strains trust that an extradition treaty is possible

NATHAN VANDERKLIPPE

BEIJING — The Globe and Mail

Published Friday, Sep. 23, 2016 9:54PM EDT


http://www.theglobeandmail.com/news/world/chinas-fox-hunt-in-canada-strains-trust-that-an-extradition-treaty-is-possible/article32042306/








                                            


                                                        Trudeau and Mulroney
                                 

                                                      


Brian Mulroney, Liberal government
seek release of billionaire in China


CRAIG OFFMAN and Nathan VanderKlippe

TORONTO and BEIJING — The Globe and Mail

Last updated Monday, Mar. 06, 2017 8:34AM EST



Former Canadian prime minister Brian Mulroney and the federal Liberal government are both trying to win the release of Xiao Jianhua, a detained Chinese-Canadian billionaire whose dramatic disappearance has thrust Ottawa into the high-stakes machinations of Communist Party power struggles.

A memo obtained by The Globe and Mail, sent from the law firm Norton Rose Fulbright to an intermediary representing Mr. Xiao’s family, indicates that Mr. Mulroney is acting to win Mr. Xiao’s release and has succeeded in pushing the file high on the Global Affairs’ list of priorities.

“Specifically Minister Freeland and her Deputy Minister Ian Shugart … are now personally involved in the file, and the Prime Minister’s office is engaged. Prime Minister Trudeau himself is aware of the situation,” the memo reported.

But it makes little sense for the prime minister to publicly champion the cause of a “very murky financier involved in all kinds of very complicated transactions. You have to stand for his rights, but you have to be careful in how you move,” said Yves Tiberghien, director of the Institute of Asian Research at the University of British Columbia.

excerpts


http://www.theglobeandmail.com/news/politics/brian-mulroney-liberal-government-seek-release-of-billionaire-in-china/article34210940/



                               


The curious case of the Canadian
with eight citizenships



Article courtesy of South China Morning Post
By Ian Young, South China Morning Post

March 14, 2017


The reasons to have a second passport are many, but for the world’s wealthy elite, they have often amounted to what Canadian immigration lawyer David Lesperance called “the backup plan.”

He recounted a Shanghainese client who likened second citizenship to having a “fast junk in the harbour, fitted with gold bars.” After generations of turmoil, the bolthole mentality runs deep among China’s rich – by one estimate, 47% of rich mainlanders plan to immigrate within five years.

But Lesperance wasn’t so optimistic about Xiao’s prospects on mainland soil. “He is screwed. Canadian citizenship is but a tool. ... If you don’t have the assistance of someone to load it or the willingness to fire it, then it just hangs on the wall.”

He noted that Xiao’s family was now reportedly trying to apply pressure for his release via Canada’s Foreign Affairs Department, and former prime minister Brian Mulroney, but “whether this is too little too late, only time will tell.”

Physical presence is a “misguided fixation” that “does not deal with ‘ghost residents and citizens,’” he said. “Rather it continues to allow those who are contributing little to Canada to acquire Canadian residence and citizenship.”


excerpts


https://www.biv.com/article/2017/3/curious-case-canadian-eight-citizenships/




What is going on with respect to Canada's relations with China? It is mind-boggling. It is opportunistic rather than strategic. It seems driven by what the Chinese want rather than by what is in Canada's best interests. Is it the Chinese government itself which is behind transfering their problem to our shores. What tradeoff will Canada have to pay to solve their political problem?

A basic question remains unanswered. How did a billionaire from the Chinese mainland who had a murky financial background gain residence in Hong Kong and then citizenship in Canada? The government is pursuing a "Canada's back" strategy with regard to China. However, it should be relabelled "Watch your back Canada!".





D.卡尔顿 罗西

2017年3月6日




Nationality law of the People's Republic of China

Chinese nationality is automatically lost (or terminated) when a person has settled abroad and pursues one of the following acts (Article 9):

    naturalizes as a citizen of another country (regardless of whether the naturalization is involuntary), or
    voluntarily acquires the nationality (through naturalization or registration) of another country.

The term "settled" has the same definition as above.

Outside the circumstances of legally automatic loss of Chinese nationality under Article 9, Article 10 provides for voluntary termination of Chinese nationality under certain circumstances, discussed further below.

For example, a Chinese national who possesses Canadian permanent resident status and who naturalizes as a Canadian citizen loses his Chinese nationality upon the completion of his naturalization because he has voluntarily acquired Canadian citizenship while settled abroad (holding Canadian permanent residency), and any minor children under the age of 18 he might have also loses Chinese citizenship if the children have naturalized as Canadians along with their parent, regardless of whether the children's acquisition of Canadian citizenship is against their will.


https://en.wikipedia.org/wiki/Nationality_law_of_the_People%27s_Republic_of_China



Dual Citizenship of China

Despite the clauses of the Chinese laws on dual citizenship, accounts have revealed that many Chinese who acquired second citizenship are not forced to renounce their Chinese citizenship. It is the speculative “shadow policy” (which seeks to extend Chinese culture and ideology throughout the world) which permits such account of accepted dual citizenship. In order to achieve this Chinese permeation, Chinese citizenship must be retained by its nationals who settle in other countries, so covertly allowing dual citizenship status for foreign affairs and goals.


http://www.dual-citizenship.com/dual-citizenship-china/




China-Canada Extradition Treaty

中国-加拿大引渡条约


The history of a China-Canada Extradition Treaty is a sordid one. Almost exclusively it has been China that has wanted an extradition treaty predominantly to expedite the extradition of their most wanted corrupt officials who have been charged with graft. In each of three major cases, China has dangled the carrot of trade benefits and the stick of incarceration of Canadian citizens to achieve its political ends. It has been a historical fact that there were three Canadians who were under arrest at the time of trade talks; namely, the dual citizen Zhang Kunlun for religious crimes, missionary Kevin Garratt for espionage and the apparent, dual citizen Xiao Jianhua for questionning regarding complex, shady, financial dealings.



                                   

                                         Zhang Kunlun

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 passed an Extradition Act on December 28, 2000 at the height of the persecution of the Falun Dafa. Common sense concludes that the PRC was seeking a China-Canada Extradition Treaty 中国-加拿大引渡条约 that would cover the Falun Dafa issue. The bait was Zhang Kunlun and trade. Zhang Kunlun had dual citizenship, but entered China under a Chinese passport. He confessed under coercion to his crimes in January 2001 or just before the Canadian trade delegation led by Chretian was to arrive.


                           

                                          Kevin Garratt

Kevin Garratt was arrested on trumped-up charges of espionage. He was convicted on those charges. While the Canadian government denies that he was released on the condition that Canada negotiates an extradition treaty with China it certainly appears that way. Major trade negotiations were underway--particularly in canola sales.


                            

Now, again, there is a similar situation. Xiao Jianhua was granted Canadian citizenship, abducted from his residence in Hong Kong, and currently held in China. He may also have held a diplomatic passport from Antigua and Barbuda at the time of his arrest. It was speculated that he had left the mainland earlier because of  suspicions of graft. The open question is whether or not he also retains Chinese citizenship. If he is charged with a crime in China then it seems he will be charged as a Chinese citizen. However, it appears that a trial would be the last thing the Chinese government would want.

"The party in 2017 will hold its 19th congress, when all of the seven Standing Committee members except Xi and Li are scheduled to retire, having reached the age of 68. Six out of the remaining 18 members in the Politburo, the second most powerful body in the hierarchy, are also due to step down by then." 1. Disclosure of corruption, upper echelon ties and a trial of Xiao Jianhua would be a major embarrassment for the Chinese government. It seems that if his Antigua and Barbuda diplomatic passport had been renewed until 2018 then it was probably cancelled as of February 02, 2017 by an island government that wanted the appearance of transparency. Of course, a return to his Hong Kong residence is a possibility, but that is not far enough. Canada is far enough. For us it is a bridge too far.  

It seems that this time China is putting pressure on Canada to sign an extradition treaty under contrived circumstances. It is not in Canada's interest either to repatriate Xiao Jianhua or to sign an extradition treaty with China in order to secure his release and return to Canada. Of course, he should be offered consular services to ensure that he receives due process of law in China.


                             

                          Brian Mulroney and Justin Trudeau

Both the former Hon. Prime Minister Brian Mulroney and the Hon. Prime Minister Trudeau are interested in free-trade. Mulroney was elected on a free-trade platform which culminated in NAFTA. Trudeau is bucking the international trend to protectionism and perhaps the wishes of the Canadian people in pursuing a free-trade agreement with China on the back of the unpopular,conservative China-Canada FIPA. The length of the latter agreement roughly coincided with the longevity of an oil sands project.

It seems that Mulroney and Trudeau wish to push oil sands development. They believe that Xiao Jianhua who sdkfjdskfjdskjfksjfk will help them pursue that goal. It appears they wish to promote an oil for wind turbine and solar panel deal. On the surface, that idea sounds ideal if one overlooks corruption practices of various governments. However, it begs the question "Why doesn't Canada through the Bank of Canada or its Canadian Infrastructure Bank (CIB) undertake to finance, design and manufacture wind turbines and solar panels in the Province of Alberta? Canada does not need to import them from China. More basically, why does a country with sophistical, technological expertise like Canada surrender a chance to  manufacture high technology products which will help to rebuild the middle-class?  

Finally, if Canada were to facilitate the transfer of Xiao Jianhua to Canada for dubious benefits then it would open up a Pandora's box of problems. Why did China find it necessary to pursue the return of Lai Changxing in order to stand trial in China if it conducts the opposite operation with respect to Xiao Jianhua. It appears that China may not wish to wait for the years it took to return Lai, but may want a quick solution to the Xiao issue for political expediency. Second, how can one stop dirty money--dirtier than the tar sands--from entering Canada and potentially introducing an epidemic of corruption across the country. Third, why would Canada consider under any circumstances an extradition treaty which would only serve the interests of China?

Fourth, there is nothing transparent about the bromance of a former Conservative Prime Minister and a current Liberal Prime Minister in terms of free-trade, an extradition treaty, political intrigues and the long-standing conduct of a bagman and purveyor of questionable, murky deals whose Canadian citizenship appears to be one of convenience and insurance. At this point, it does not look, though, that Xiao has been charged with financial crimes so that it is conceivable it might facilitate his entry into Canada without a bevy of charges against him. In other words, he would be free to conduct free-trade on an unrestriced and unfettered basis. Make no doubt about it, Mulroney wants access to Xiao's little red, contact book. Does Canada need to import corruption because there is not enough here?
 


China-Canada Extradition Treaty 中国-加拿大引渡条约




1.  Xi’s Anti-Corruption Campaign Signals Power Play for 2017

Ting Shi

July 4, 2014


https://www.bloomberg.com/news/articles/2014-07-03/corruption-crackdown-helps-xi-position-to-shape-future-leaders



D.卡尔顿 罗西

2017年3月12




                              


Hong Kong in a corner after China’s raid on Xiao Jianhua


The billionaire took sanctuary in Hong Kong but the state under Xi Jinping has caught up with him

Financial Times

Ben Bland

February 03, 2017


Mr Xiao’s impeccable political connections were formed with the clique that grew up around Jiang Zemin, who was made general secretary of the Communist party after Tiananmen and was president from 1993-2003. This helped him transform from villager to well-connected bagman, billionaire investor and one of China’s richest men.

These ties, though, could prove to be the undoing of the chubby-faced 45-year-old, whose Tomorrow Group has made investments stretching from chemical plants and coal mines near his wife’s hometown in Inner Mongolia, to Ping An, one of China’s largest insurance companies.    

“Observers like myself had thought Mr Xiao was safe because he conducted transactions for multiple political elites in China, which is a good hedging strategy,” says Victor Shih, a professor of Chinese political economy at the University of California, San Diego. “If he does not resurface soon then this hedging strategy will be shown to no longer be a foolproof way of protecting oneself.”    

Mr Xiao has also earned some powerful enemies. In 2013, the People’s Daily denounced him in a piquant commentary that rejected suggestions by other local media that he was the “JPMorgan of China”. Instead, it painted him as a “messy” dealer who exploited loopholes to make gains from public wealth.

“Shrouded by the aura of Peking University and ‘high technology’, Xiao tells investors enticing stories about wealth that cannot be fulfilled,” the newspaper said. “Xiao Jianhua is not a wealth creator but a wealth mover and destroyer.”

“There is speculation that Mr Xiao knew too much and Xi Jinping doesn’t want embarrassing details to come out in the run-up to the party congress this autumn,” he says, referring to China’s forthcoming five-yearly Communist gathering, when Mr Xi is expected to further consolidate his grip on power.

There is more at stake than Mr Xiao’s billions, however. His abrupt disappearance further undermines confidence in the ability of the Hong Kong government to uphold the rule of law.

excerpts






                           


Analysis: Behind Xi Jinping’s Risky Grab of
Chinese Billionaire Xiao Jianhua


By Larry Ong, Epoch Times

Last Updated: February 24, 2017



But Xi has recently made a bold and risky play by bringing into custody prominent Chinese billionaire Xiao Jianhua—a move that puts Xi on very shaky ground but gives him significant leverage against the Jiang faction.

But Xiao, a key financier for the Chinese Communist Party’s elite, is currently in Beijing and assisting in corruption investigations, said a high-level source with authoritative information about discussions in the top Chinese leadership, who spoke with Epoch Times. Xiao’s case is now “top priority” in Zhongnanhai, the official work and living quarters of the Chinese leadership.

Xiao, the source said, is the Jiang faction’s most important money launderer and one of the most potent figures in the Chinese financial sector. Investigating Xiao is intended to implicate other members of the Jiang faction, including Zhang Dejiang, the top Hong Kong overseer and elite member of the Politburo Standing Committee; Zeng Qinghong, the former Chinese regime vice chairman and right-hand man of Jiang; and Party godfather Jiang himself.

The source also said the investigation of Xiao is the “prologue” to the Xi administration’s plan to purge Jiang’s remaining influence in Hong Kong’s financial sector, as well as the arts and cultural fields. The investigation is also aimed at countering the Jiang faction’s sway over the upcoming elections to choose the next Hong Kong chief executive.

If Xiao releases enough incriminating evidence about CCP elites, or calls out other money launderers, Xi could conceivably move against Jiang’s three allies in the Politburo Standing Committee—Zhang Dejiang, Zhang Gaoli, and Liu Yunshan—before the 19th National Congress of the Chinese Communist Party, an important political conclave to be held in the latter half of 2017.


excerpts



http://www.theepochtimes.com/n3/2223261-analysis-behind-xi-jinpings-risky-grab-of-chinese-billionaire-xiao-jianhua/









                                             


                          Two roads diverged in a wood, and I—
                          I took the one less traveled by,
                          And that has made all the difference.


                          Robert Frost
                          "The Road Not Taken"




                              
             
                                   Tiananmen Square 1989


The Tiananmen Square Massacre, commonly known in China as the June Fourth Incident (六四事件) were student-led demonstrations in Beijing in 1989. More broadly, it refers to the popular national movement inspired by the Beijing protests during that period, sometimes referred to as the '89 





The Road Traveled


                                
               

                    No Student Photos of Xiao Jianhua are  Available



Xiao Jianhua 肖建华


He has been involved in business for decades, after showing early loyalty to the ruling Communist party with his stance as a student representative at Peking University. He opposed demonstrations in 1989 that culminated in a state crackdown and the killings around Beijing’s Tiananmen Square.


There was no public mention then — and there have been very few mentions since — of the head of the official student union of Peking University at that time. His name is Xiao Jianhua. Mr. Xiao never opposed the government, and the events of June 1989 did not make him one of China’s “most wanted.” Instead, they catapulted him into the ranks of its most wealthy.


至于官方的北大学生会当时的主席,并没有被公开提到,在后来的岁月中也鲜有提及。他的名字叫肖建华。他从未与政府对抗,1989年6月的事件也未使其成为中国的“通缉要犯”。实际上,这些事件助推他跻身最富有的人士之列。


At the time, Mr. Xiao was president of the university’s official student union. The position was largely social, organizing lectures and dances, but the post was coveted because of its ties to the Communist Youth League, a launching pad for future careers in the party.


那个时候,肖建华是官方的北大学生会的主席。这个职位的主要任务是社交工作,比如组织演讲和舞会。不过,该职位因为和共青团的关联而显得诱人,因为后者是日后体制内事业的跳板。


After a tepid attempt to represent fellow students to university administrators that volatile spring, Mr. Xiao shifted course, agreeing with administrators that street protests had become out of hand. People who knew him at the time said he even worked with them to try to defuse the protests before Chinese troops descended on Beijing and crushed them with force.


在那个动荡的春天,肖建华曾简单尝试在校方面前代表学生,随后转变立场,同意校方关于街头抗议活动已然失控的看法。当时认识肖建华的人表示,他甚至还与校方合作,试图在军队进入北京,展开武力镇压之前平息抗议活动。


“Xiao tried to tell the government what the students demanded, but some of the activists didn’t like his conservative approach, so they set up their own organization,” says Mr. Guo, his former classmate. 


他的老同学郭庆涛说,肖建华试图向政府转达学生的诉求,但是一些比较激进的人认为他的方式太过保守。


The rewards were immediate. Just after he graduated, Mr. Xiao stepped into the world of business with direct financial support from Peking University, one of China’s most prestigious institutes. In the quarter-century since then, he became the prototype of the politically connected financier. He has assiduously courted the party elite, including the family of its current president, Xi Jinping, becoming something of a banker for the ruling class and a billionaire in his own right.


奖赏很快来临。甫一毕业,肖建华就在北大的直接资助下步入了商界,而这所学校是中国最著名的高等学府之一。在接下来的四分之一个世纪里,他成了第一批与政界关系密切的金融圈高层人士的一员。他不遗余力地趋奉党内权贵,包括现任国家主席习近平的家人,逐渐变得像是统治阶层的银行买办,自己也成了亿万富豪。8. (For One Tiananmen-Era Student)
 


The Student Movement


                                
            
                Hunger Strike Statement on Posters at PekingUniversity


"In the very early days of the 1989 Chinese student movement, among the first things the students did was to "disband" their official student union by massive demand. In Peking University, this happened in the evening of April 19.


                                                

                      
        Students at Peking University calling for continued class strike


The official student union, if not officially dissolved, became defunct since then. Nobody had paid any attention to them until now, 25 years later, when New York Times published a profile of the head of that union in Peking University at the time: Xiao Jianhua." 7. (Standoff at Tiananmen)


                                                  

           Chinese Agents Abduct Billionaire Diplomat in Hong Kong

                                          January 31, 2017




Excerpts from Public Statement by Ms. Yu Lan, Spokesperson of Tomorrow Group in 2014



As the chairman of the strategy committee of Tomorrow Group, Mr. Xiao keeps studying the theories of Mr. Warren Buffett, and has achieved lots of success. 


As a loyal student to Mr. Warren Buffett’s theories, Mr. Xiao always makes judgments on the trend of stock market and investments in onshore and offshore markets based on his own study and at his sole judgment. He deeply understands the correctness of Mr. Warren Buffett’s theories, and has achieved success through market actions and investments completely in compliance with the laws and regulations. 1.


After the “Event of 1989”, Peking University did not provide any financial support to any entrepreneur (and NO support to Mr. Xiao either).
                        


It was reported that Xiao Jianhua and his business empire started in "Beijing Beida Tomorrow Resources Technology" (Chinese: 北京北大明天资源科技), a company that was 20% owned by Peking University Resources Group at that time.   Wikipedia                       




The Road Less Traveled


                                 

                               Li Lu at far right in June 1989

Li Lu 李录


In 1989, he participated in the Tiananmen Square student protests and became one of the student leaders. He helped organize the students and participated in a hunger strike. He fled the PRC through Operation Yellowbird.

                                                  

                                         Li Lu on the right

Among the students leaders  Li Lu became an investment banker and venture capitalist on Wall Street.


Li Lu (born April 6, 1966 is a Chinese-born American investment banker, investor and hedge fund manager. He is the founder and Chairman of Himalaya Capital Management. He was one of the student leaders of the 1989 Tiananmen Square student protests, an experience he recounted in a 1990 book, Moving the Mountain: My Life in China, that was the basis of a 1994 documentary by Michael Apted. 2.

Li was inspired to get into banking after hearing Warren Buffett, a Columbia alumnus, give a lecture at Columbia in 1993. 3.

                                     

                                         Charlie Munger

Charlie Munger, Vice-Chairman of Berkshire Hathaway and a long-time partner of the legendary investor Warren Buffett, is one of the investors of his fund, and a “mentor and good friend” (in Li Lu’s own words). Li Lu has been known as the man who introduced the Chinese battery and auto maker BYD Company to Charlie Munger and Warren Buffett. He is an informal advisor to BYD. His LL Investment Partners owns about 2.5% of BYD.

Munger, along with Buffett, is one of the main inspirations behind the book Seeking Wisdom: From Darwin to Munger. Author Peter Bevelin explained his key learnings from both Munger and Buffett in a 2007 interview: "How to think about businesses and investing, how to behave in life, the importance of ethics and honesty, how to approach problems but foremost how to reduce the chance of meeting problems." 4.

Mr. Li, 44 years old, has emerged as a leading candidate to run a chunk of Berkshire's $100 billion portfolio, stemming from a close friendship with Charlie Munger, Berkshire's 86-year-old vice chairman. In an interview, Mr. Munger revealed that Mr. Li was likely to become one of the top Berkshire investment officials. "In my mind, it's a foregone conclusion," Mr. Munger said. (August 2, 2010) 6.


                             

                             Warren Buffett at Peking University


Question on leadership at Peking University


A: When doing business, you should not say “everybody else is doing something so we should follow”. Consider what you really need and want to do. On being a successful leader, the basic job is to put the right person at the right place and monitor the whole business. Also, always do what you promise so that your employees will trust you. Warren Buffett  9.


1.  Billionaire Issues Statement About 
     Times Article

New York Times

By David Barboza

 June 5, 2014 


https://sinosphere.blogs.nytimes.com/2014/06/05/billionaire-issues-statement-about-times-article




2.  Tiananmen Square Protests of 1989


https://en.wikipedia.org/wiki/Tiananmen_Square_protests_of_1989#Student_leaders


3.  Li Lu


https://en.wikipedia.org/wiki/Li_Lu




4.  Charlie Munger


https://en.wikipedia.org/wiki/Charlie_Munger




5.  Xiao Jianhua, student leader who became an abducted tycoon
Before disappearance from Hong Kong, the former ‘bagman’ was famed for political connections
Financial Times


Lucy Hornby in Beijing and Jamil Anderlini and Ben Bland in Hong Kong


January 31, 2017


https://www.ft.com/content/5e93bc10-e78f-11e6-967b-c88452263daf




6. From Tiananmen Square to Possible Buffett Successor

The Wall Street Journal

Susan Pulliam

The Wall Street Journal

August 2, 2010


https://www.yahoo.com/news/pf_article_110200.html



7.  Standoff At Tiananmen

How Chinese Students Shocked the World with a Magnificent Movement for Democracy and Liberty that Ended in the Tragic Tiananmen Massacre in 1989.

June 08, 2014


http://www.standoffattiananmen.com/2014/06/people-of-1989-xiao-jianhua.html



8.  For One Tiananmen-Era Student,
 a Very Different Path to Power

By DAVID BARBOZA and MICHAEL FORSYTHE 

June 4, 2014


Chinese and English


http://cn.nytimes.com/china/20140604/c04elite/dual/



9.  Warren Buffett's Q&A with Peking University on
     February 17, 2017

Jeffrey Towson

February 26, 2017


https://www.linkedin.com/pulse/warren-buffetts-qa-peking-university-february-17-2017-jeffrey-towson



10.  Warren Buffett’s possible successor ‘a regular guy’
with a legendary hockey connection

Yadullah Hussain 


March 4, 2015


http://business.financialpost.com/news/energy/buffetts-possible-successor-a-regular-guy-with-a-hockey-connection






                                          



                         As being the contrary to his high will
                         Whom we resist. If then his Providence
                         Out of our evil seek to bring forth good,
                         Our labour must be to pervert that end,
                         And out of good still to find means of evil


                         Paradise Lost: Book  1 (1674 version)
                         John Milton


Why missing Chinese billionaire Xiao Jianhua
and Hollywood star Robert De Niro
have a stake in island paradise


SCMP

February 02, 2017 


More than a year earlier, in June 2015 as the cash-for-citizenship scheme was taking off, there was little fanfare when the same Browne conferred ambassador-at-large status upon Xiao.

But it is almost certain that Xiao, operating from his Hong Kong hotel living quarters with a contact book dripping with high-net-worth individuals looking for a high-class bolt hole for their money, would pull in more hard cash.

In fact, just short of half the applications since the programme launched in November 2013 come from Chinese nationals.

The scheme offers three paths to obtain an Antigua and Barbuda passport: a US$1.5 million investment in a business; a US$400,000 purchase of a government-sanctioned property project; or, the most popular route, a US$250,000 donation to a national development fund.

Successful applicants enjoy visa-free travel to 130 countries including the UK, Canada, Hong Kong and Singapore. Applicants must maintain their investment for five years and reside in the country for a minimum of 35 days per year.

In August 2014, nearly a year before Xiao became ambassador-at-large in paradise, Browne met Xi in Beijing and was congratulated on the signing of a series of deals.

As well as members of Middle Eastern royalty , Sun Yinhuan, another Chinese billionaire and the owner of Yida Group, is understood to have already committed to building a US$1 billion mega-resort in Antigua. Construction on the massive 1,600-acre residential and commercial project, called Singulari, is to include marinas, homes, golf courses and the Caribbean’s largest casino.


excerpts




                       
                                           


Missing tycoon Xiao Jianhua had diplomatic passport
from Caribbean state


Antigua and Barbuda hoped to benefit from the mainland billionaire’s extensive network

South China Morning Post

PUBLISHED : Wednesday, 15 February, 2017


Missing mainland billionaire Xiao Jianhua received a diplomatic passport from Antigua and ­Barbuda just days before ­President Xi Jinping and Premier Li Keqiang met the prime minister of the tiny ­Caribbean ­nation in Beijing.

A copy of the passport – which was issued on August 8, 2014, and expired on the same date in 2016 – was passed to the South China Morning Post by a senior Antiguan diplomat, who said the 45-year-old tycoon was appointed as an “ambassador-at-large” for the country because of his extensive network.

It was not clear if the diplomatic passport was renewed after it expired, but Xiao’s appointment as ambassador-at-large for the country almost a year after being granted the document by Prime Minister Gaston Browne was ­extremely rare.

The top-level meetings in the Great Hall of the People were ­followed by announcements of substantial investments in the country by China.

In an interview with the Post, Sir Ronald Sanders, Antigua and Barbuda’s Ambassador Extraordinary to the United States, said ­Xiao was granted special diplomatic status because of his ­“contacts with high level and high net-worth individuals who could benefit our nation’s economy”.


However, Sanders said: “Mr Xiao and Mr De Niro were not granted either their passports or their special status under the ­Citizenship by Investment ­Programme.

excerpts


                                   

                                  Prime Minister and Xiao Jianhua


Antigua PM appoints Chinese billionaire
as country’s Ambassador-at-Large

Caribbean360

June 12, 2015


In presenting the Letter of Appointment to Xiao, Browne said he has been invested with the authority to promote investment, trade and commerce, business and tourism development, and negotiate with the authorities and business entities of all states and territories.

He will also advise the Minister of Foreign Affairs and the Minister of Tourism and Investment of the potential for economic cooperation, commerce and investment between Antigua and Barbuda and various states and territories.

Ambassador Xiao is the founder and owner of the powerful Tomorrow Holdings, which controls nearly 1 trillion Yuan (US$160 billion) of assets ranging from banks and securities houses.

Tomorrow Holdings controls over nine listing companies holding shares in over thirty financial institutions, including 12 city commercial banks, six securities companies, trust firms, insurers, mutual fund companies, futures firms and asset management companies.


http://www.caribbean360.com/news/antigua-pm-appoints-chinese-billionaire-as-ambassador-at-large




                                              


                               June 13-2014 Yida Internatiional Investment



UPP: revoke YIDA license

OCTOBER 12, 2016 BY EDITOR  

In Local Headlines

   
The United Progressive Party has called on the government to revoke with the Antigua and Barbuda Special Economic Zone YIDA International Investment Antigua Limited License Order with immediate effect.

The document was given approval by Prime Minister, the Hon. Gaston Browne in December 2015 and outlines the provisions that YIDA International is expected to adhere to.

Political Leader of the Party, Senator the Hon. Harold Lovell, has also expressed his party’s deep concern regarding the “non-performance of YIDA International Limited”.

Speaking at a press conference held at the party’s Headquarters on Monday, Senator Lovell frankly stated that the Chinese based company would receive unlimited concessions and other special privileges as a result of the license.

The company is expected to develop a US $2 billion over a 10-year period, develop the largest free trade zone in the country, off-shore financial centre, 5-star luxury resort, internationally branded villa communities, a casino and gaming complex, multi-purpose conference centre, 27-hole golf course, marina and landing facilities, commercial, retail, sports and other auxiliary facilities.

However, no tangible work has been completed to date.

“The concessions, rights and incentives were based on a false promise and if this promise no longer stands, then the concession and incentives should be immediately revoked”, Senator Lovell asserted.

He pointed out that the license does not make provisions for performance clauses and has no indication of a timeline for the development to be completed.

Senator Lovell also mentioned the fact that it has been recently announced that YIDA has no money.

“When we hear that not only will they not be investing the two billion dollars but they barely have money to invest $20 million. For us the time has come for us to get serious with this matter”, Senator Lovell pointed out.

http://www.caribbeantimes.ag/upp-revoke-yida-license/



                           


CHINESE INVESTOR’S PEDIGREE QUESTIONED

June 13, 2015 Observer


Political Leader of the opposition United Progressive Party (UPP) Harold Lovell is asking government several questions concerning Chinese billionaire, Xiao Jianhua.

“Mr Xiao is to be given 200 passports and I suppose he’s to go out and sell those 200 passports. They need to come and say whether this thing people have been talking about is true.”


http://antiguaobserver.com/chinese-investors-pedigree-questioned/