云卷云舒
新手上路
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- 2002-04-01
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EXECUTIVE SUMMARY
CONVENTION REFUGEE CLAIMS OF LAI CHEONG SING, TSANG MING NA, LAI CHUN
CHUN, LAI MING MING AND LAI CHUN WAI
LAI Cheong Sing, TSANG Ming Na and their three children, LAI Chun Chun, LAI Ming Ming and
LAI Chun Wai seek Canada's protection as Convention refugees. Lai Cheong Sing ("Mr. Lai")
alleges a well-founded fear of the Chinese government because he had refused to cooperate in a
government scheme to falsely incriminate an official in the central government. Mr. Lai and
Tsang Ming Na ("Ms. Tsang") allege that due to Mr. Lai's refusal to cooperate with the
government, they were in turn falsely accused of various crimes and because the judicial system
is controlled by the central government in China, they will not receive a fair trial. They also allege
that they will be executed or suffer cruel treatment including torture if returned. Lai Chun Chun,
Lai Ming Ming and Lai Chun Wai allege a fear of persecution because of their relationship with
Mr. Lai and Ms. Tsang. The children also fear retribution from families of those who were
executed after being found guilty of smuggling together with Mr. Lai and Ms. Tsang.
The Minister of Citizenship and Immigration Canada ("Minister") on the other hand alleges that
Mr. Lai and Ms. Tsang are common criminals who headed one of the largest smuggling
operations in China. The Minister sought to have Mr. Lai and Ms. Tsang excluded from
Convention refugee protection under Article 1F (b) of the United Nations Convention Relating to
the Status of Refugees as they allegedly had committed a serious non-political crime outside
Canada, including smuggling, fraud, tax evasion and bribery. The Minister also sought to have
the three children found not to be Convention refugees.
The Convention Refugee Determination Division ("Division") found Mr. Lai and Ms. Tsang not
credible and that there were serious reasons for considering that Mr. Lai had committed the
crimes of smuggling and bribery. The Division also found that these crimes, considering the
penalty that could be imposed in both China and Canada, were "serious" and were committed for
"non-political" purposes. As a result, he was excluded from Convention refugee protection
pursuant to Article 1F (b).
The Division found that there were serious reasons for considering that Ms. Tsang had committed
the crime of smuggling. The Division also excluded Ms. Tsang for the same reasons as Mr. Lai.
The Division found that on a balance of probabilities, Mr. Lai and Ms. Tsang will not face the
death penalty because China will honour its diplomatic note not to execute them. There is also no
more than a mere possibility that they will suffer any mistreatment that may amount to
persecution. There was insufficient evidence to find that punishment disproportionate to the
offence will be imposed. The Division found that there was no nexus to the Convention refugee
definition for Mr. Lai and Ms. Tsang, they were fugitives from justice and nothing else.
The Division found that there was no more than a mere possibility that the children would suffer
persecution and that there was no nexus to the Convention refugee definition.
Lai Cheong Sing and Tsang Ming Na were excluded from Convention refugee protection under
Article 1F (b).
Lai Cheong Sing, Tsang Ming Na, Lai Chun Chun, Lai Ming Ming and Lai Chun Wai were found
not included in the definition of Convention refugee.
CONVENTION REFUGEE CLAIMS OF LAI CHEONG SING, TSANG MING NA, LAI CHUN
CHUN, LAI MING MING AND LAI CHUN WAI
LAI Cheong Sing, TSANG Ming Na and their three children, LAI Chun Chun, LAI Ming Ming and
LAI Chun Wai seek Canada's protection as Convention refugees. Lai Cheong Sing ("Mr. Lai")
alleges a well-founded fear of the Chinese government because he had refused to cooperate in a
government scheme to falsely incriminate an official in the central government. Mr. Lai and
Tsang Ming Na ("Ms. Tsang") allege that due to Mr. Lai's refusal to cooperate with the
government, they were in turn falsely accused of various crimes and because the judicial system
is controlled by the central government in China, they will not receive a fair trial. They also allege
that they will be executed or suffer cruel treatment including torture if returned. Lai Chun Chun,
Lai Ming Ming and Lai Chun Wai allege a fear of persecution because of their relationship with
Mr. Lai and Ms. Tsang. The children also fear retribution from families of those who were
executed after being found guilty of smuggling together with Mr. Lai and Ms. Tsang.
The Minister of Citizenship and Immigration Canada ("Minister") on the other hand alleges that
Mr. Lai and Ms. Tsang are common criminals who headed one of the largest smuggling
operations in China. The Minister sought to have Mr. Lai and Ms. Tsang excluded from
Convention refugee protection under Article 1F (b) of the United Nations Convention Relating to
the Status of Refugees as they allegedly had committed a serious non-political crime outside
Canada, including smuggling, fraud, tax evasion and bribery. The Minister also sought to have
the three children found not to be Convention refugees.
The Convention Refugee Determination Division ("Division") found Mr. Lai and Ms. Tsang not
credible and that there were serious reasons for considering that Mr. Lai had committed the
crimes of smuggling and bribery. The Division also found that these crimes, considering the
penalty that could be imposed in both China and Canada, were "serious" and were committed for
"non-political" purposes. As a result, he was excluded from Convention refugee protection
pursuant to Article 1F (b).
The Division found that there were serious reasons for considering that Ms. Tsang had committed
the crime of smuggling. The Division also excluded Ms. Tsang for the same reasons as Mr. Lai.
The Division found that on a balance of probabilities, Mr. Lai and Ms. Tsang will not face the
death penalty because China will honour its diplomatic note not to execute them. There is also no
more than a mere possibility that they will suffer any mistreatment that may amount to
persecution. There was insufficient evidence to find that punishment disproportionate to the
offence will be imposed. The Division found that there was no nexus to the Convention refugee
definition for Mr. Lai and Ms. Tsang, they were fugitives from justice and nothing else.
The Division found that there was no more than a mere possibility that the children would suffer
persecution and that there was no nexus to the Convention refugee definition.
Lai Cheong Sing and Tsang Ming Na were excluded from Convention refugee protection under
Article 1F (b).
Lai Cheong Sing, Tsang Ming Na, Lai Chun Chun, Lai Ming Ming and Lai Chun Wai were found
not included in the definition of Convention refugee.