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It is getting riskier to hide out in neighbouring countries, said a Canadian-Chinese legal expert, because China has begun co-operating with nations nearby to fight this kind of crime. Mongolia, for instance, is no longer a guaranteed sanctuary as China can now legally have these white-collar criminals deported home. Countries in Africa may have lax laws but most do not offer the kind of living environment they desire. Given the choice, most would rather end up in the developed world.

The getaway

Some of these big-guns-on-the-run used Hong Kong as their way out. Having set up businesses in the SAR, they already had Hong Kong passports, which allowed them to travel to many Western countries without needing to obtain visas.

Many further ensured their security by first moving their relatives abroad, setting up overseas subsidiaries and even acquiring foreign passports, fake or genuine.

Pan Cheng, a California businessman, has been made legal guardian of several teenagers whose parents manage State-owned companies in southern China. “Sometimes the bank will call to notify me of large sums of cash being deposited. They want to know the source. But what can I say? It scares me to think that kids this young have so much money at their disposal,” Pan told China Daily.

One way to stop these embezzlers from fleeing is to deny them passports. But the reform policy has made this a losing battle as the trend is to grant any citizen a passport unless the person is already a suspected criminal.

Then there is the black market where fake passports for every country are available. One random survey revealed that a counterfeit American passport costs an average 10,000 yuan (US$1,208), while an “authentic” Canadian passport fetches 15,000 yuan (US$1,812). When police searched the residence of Li Jiating, former governor of Yunnan Province, they found five different passports bearing his likeness, supposedly issued by various foreign governments.

Some people claim it is not difficult to get a visa from a foreign consulate as long as one is willing to pay. One source told China Daily about a Chengdu-based consular official for a Western country who was involved in “selling” visas. The story cannot be independently verified, but the official was transferred from his post prematurely.

Moving millions of yuan can be troublesome, and money laundering often comes into play. The best method, according to Pan Cheng, is to open shell companies overseas. Imports come through such a company, usually operated by a close relative, at inflated prices, giving it extremely high profits, much of which will slip into personal pockets. Likewise, exports come in at such low prices as to provide a comfortable margin. In metropolises like New York, one often comes across goods dumped by fleeing officials trying to get rid of container-loads of items at fire-sale prices.

Underground banks and foreign currency services also provide a way of channelling booty abroad. “They are one-stop shops for changing illegal yuan into legal dollars,” said Guo Jian’an, director of the crime prevention institute with the Ministry of Justice. Some agents in coastal regions offer their services over the phone.

“Many of these officials remain in China until the very last moment, in order to misappropriate as much money as possible,” revealed Pan. “Once they get wind of an anti-corruption operation directed at them, they’re out of there and headed to join their families, who have already settled down in another country, before you can blink.”

Crackdown

Striving to stem the flow of escaping suspects and stolen funds, the Chinese government is taking action. An operation set up in 2002 rounded up more than 1,000 suspects who had already fled. Hundreds more surrendered on their own.

China is embarking on international co-operation in legal fields, signing extradition treaties with 40 countries. Starting from 1993, 210 suspects or convicts have been returned to China.

“But this is just the tip of the iceberg,” said an official at the foreign affairs department of the Supreme People’s Procuratorate. Most of these cases are in limbo.

Liu Yanji, professor of law at China University of Politics and Law, says that China’s legal system still has a long way to go before it catches up with international norms. The evidence we prepare may not be admissible in a foreign court, and our demands for extradition may be overruled on technical grounds, said Liu.

Liu Jiachen, supreme justice and vice-president of the Supreme People’s Court, revealed that part of the reason it is so difficult to follow through on these cases lies in the fact that those who fled took much of the evidence with them, making an investigation extremely challenging.

Meanwhile, the Chinese public is getting some satisfaction from media reports of the adverse outcomes befalling a few of these people. The Hainan bank tellers who ended up in Thailand were cheated out of much of their money by scam artists. After a further business failure, one of them hired someone to kill his partner. Millions deposited by the Kaiping bank president have been frozen by Canadian authorities at the request of a Chinese court. And many of the embezzlers have become fish out of water in countries where they cannot put their “expertise” to use.

While the mere possibility of being deported back to China may be enough to send shivers down their spines, it is the persistence of the law enforcement officials hunting them down that should really worry them. “Even if you run to the ends of the earth, we’re going to get you and bring you to justice,” vows Zhao Dengju of the Supreme People’s Procuratorate.

Geoffrey York, Five Fugitives Hiding in Canada, China Says, Globe & Mail (Toronto), Feb. 3, 2007, at A22.

Five fugitives hiding in Canada, China says

Globe and Mail (BEIJING) – A bank manager who allegedly stole $150m from his customers is just one name on a list of at least five fugitives China is demanding be extradited from Canada, published reports say.

The existence of four other criminal suspects on the list is the latest development in a growing controversy over whether Canada is sheltering Chinese fugitives.

Chinese and Canadian authorities are refusing to confirm the existence of the list. But the Chinese media are giving heavy coverage to the issue, creating an impression that Canada is providing a haven to suspects fleeing China.

China’s state-controlled news agency has already confirmed that Beijing is asking Canada for the extradition of Gao Shan, former manager of a Bank of China branch in northeastern China, who is accused of embezzling $150m from the accounts of his customers.

Gao, who fled to Canada in early 2005, is under RCMP surveillance somewhere in Western Canada, according to Chinese reports. One of his associates, Li Dongzhe, is also reportedly under police surveillance in Canada. But two years after allegedly transferring his stolen money to Canada and disappearing from Chinese territory, Gao is still not in police custody, sources say.

Two Chinese newspapers have reported that Canada dispatched police investigators to China last month to gather evidence in the Gao case. The Canadian police interviewed a Chinese businessman, Zhang Xiaoguang, whose company had about $45m stolen from its bank account.

Spokesmen for the RCMP and the Canadian embassy in Beijing will not confirm any details of the extradition requests. The identities of the four other fugitives on the Chinese list are unknown.

The Chinese reports gave new details of how Gao plotted his escape to Canada after embezzling the funds. His last appearance at the bank was on Dec. 29, 2004, when he told colleagues that he planned to visit a doctor in Beijing. He also claimed his wife was studying for a graduate degree in psychology at a Beijing university. In reality, his wife and son were already living in Canada, and Gao never intended to visit a doctor in Beijing. Instead, he flew secretly to Canada to join his family.

Meanwhile, concern is mounting in China about both white-collar fugitives and alleged corrupt government officials who have found shelter in Canada in recent years.

The most famous of the these is Lai Changxing, the alleged ringleader of a smuggling organization that evaded billions of dollars in taxes. He is regarded as China’s most-wanted fugitive.

He fled to Canada in 1999, sought refugee status, and has been fighting extradition ever since. The Lai case has damaged relations between Canada and China, with Chinese authorities increasingly angry and convinced that Canada should do more to deport him.

Canada and China do not have an extradition treaty — mainly because of China’s poor human-rights record and its history of executing thousands of people every year. In individual cases, Canada can agree to deport a suspect to China, but negotiations can be difficult.

Tags: china, chinese fugitives, canada, lai changxing, lai cheongsing, embezzlement, corruption, bank of china

前中国驻加大使梅平：中国半数经济犯藏在加拿大

2009-06-24 10:04 环球华报
【环球华报记者 黄运荣报道】正当中国外长11年来首次官式访问加拿大之际，曾经担任中国驻加大使6年半之久的“加拿大通”梅平，以中国外交部政策諮询委员会成员的身份，率领五人代表团穿梭于加拿大四大城市，展开“第二渠道外交”（Second Track Diplomacy），以“非官方”的形式，就两国正式外交途径“不便说”、“不好说”、“不会说”或“谈不拢”的敏感问题，与加拿大官方、智库、学者及工商界人士进行广泛的接触和沟通。周一（22日），梅平在此行最后一站的温哥华，接受媒体采访，畅论加中关系的现状及未来发展。

加各界不满加中关系现状

梅平指出，此行所到之处，接触的绝大多数加方各界人士对目前的中加关系现状不满意，对现任加政府采取的对华政策颇有微词，都希望早日结束不正常状态，恢复加中两国之间的传统友谊。
“在目前的国际经济环境下，国与国之间只有加强合作的理由，没有不改善关系的道理。”梅平说。

两国建立第二沟通渠道

他说，众所周知，加中关系近年来出现倒退甚至恶化，源于双方缺乏相互了解，缺乏政治互信。“两国关系的发展除了政府之外，还需要民间、在野党、研究机构、专家学者、工商界人士的推动。”

梅平透露，去年6月至7月间，他曾应一个基金会的邀请，以访问学者的身份到加拿大进行了两个月的民间外交，收获颇丰。“所以，今年外交部特别派出我们这个外交部顾问代表团来加拿大进行‘第二渠道外交’。”梅平解释说，以民间的性质设立“第二渠道外交”，目的是希望“把官方不便说、不愿说、不会说和谈不拢的问题，在此管道中进行沟通。”

梅平说，加方欢迎两国之间架起沟通的“第二渠道”，认为这有利于扩大双边的交流。加方对此将采取积极的响应措施，双方正在筹划今年底或明年初举办政策研讨会。他还透露，前改革党党领曼寧（Prestun Manning）去年曾受保守党委託前往中国访问，与中联办官员会晤，开辟了中国共产党与加拿大保守党党与党之间联系和沟通的合作之路。

加方不尊重中国核心利益

在谈及什么是两国外交层面“谈不拢”的议题时，梅平指出，人权问题、法轮功、台湾问题、疆独问题、藏独问题和达赖等，都是加中双边关系上的敏感问题。

“这些问题关乎中国的核心利益，过去几年加拿大政府没有充分认识到，我们希望加方予以尊重。”梅平指出，要维持加中双边关系，“一要平等相待，二要求同存异，三要互利共赢。要照顾对方的核心利益，慎重处理敏感问题，减少意识形态的干涉。”

达赖问题是两国交恶之因