The following correspondence was sent to the Research Directorate by the communications director of Human Rights in China, in New York, after consultation with staff at their Hong Kong office:

Hong Kong residents are treated the same as mainland Chinese citizens if they are suspected of breaking the law in China. They will be detained, tried, and imprisoned there, and, if necessary, executed there. The Hong Kong government has no power to intervene on their behalf.

In the year 2000, the Hong Kong government introduced a document to the Legislative Council under which China's Public Security Bureau agreed to inform the Hong Kong government of Hong Kong residents detained in China. But the document is limited to general criminal law violations, and the practice is not binding, but only based on the "mutual respect of both government[s]." In effect, the Hong Kong government will not be informed of persons detained for crimes that fall under "state security" or "social order," or persons detained under administrative measures. Since "administrative measures" are routinely applied to a wide range of offences, it is generally believed that most cases of Hong Kong people arrested in China go unreported to the Hong Kong government unless there has been an actual formal trial and sentencing.

Given the limitations of the current agreement, the Legislative Council's Security Committee has asked the government to review the provisions of the mechanism, but to date no review has been completed. Families of Hong Kong residents believed to be detained in China can sometimes get information if they actively seek assistance from Hong Kong's Immigration Department.

Hong Kong NGOs recorded more then 270 Hong Kong resident[s] detained in China for a variety of offences by the end of 2002, but staff of HRIC's Hong Kong office believe the actual number of detainees is much higher. A staff member of HRIC's Hong Kong office has compiled a list of about 70 Hong Kong or Macau residents who have been arrested in China for serious crimes and have received the death sentence or other heavy sentences such as life in prison. Most of the recorded offences involved narcotics or violent assault. HRIC recommends that for more detailed information on this topic you should contact Hong Kong's Justice and Peace Commission (HRIC 12 Mar. 2003).

Human Rights in China had no reports of the Chinese authorities' response to someone from Hong Kong practicing or promoting Tian Dao in mainland China from 1999-2003, nor were any such reports found among the sources consulted by the Research Directorate. However, Human Rights in China did offer the following general information on people practicing banned religions in mainland China:

The Chinese authorities' response to persons practicing banned religions varies, regardless of the place of origin of the persons. Factors influencing the response include: 1) whether the religion in question is an ordinary underground house church or a religion that has been officially designated as an "evil cult"; 2) whether the arrested person is an ordinary lay practitioner or is actually conducting a religious service or activity; 3) whether other illegal activity is involved, such as the smuggling of religious publications into China.

Hong Kong people have been arrested in China in relation to proscribed religious activities. One well-known case was that of Lai Kwong-keung (aka Li Guangqiang), a Hong Kong businessman arrested in May 2001 for smuggling thousands of Bibles into China for the banned Shouters church. On January 28, 2002, he was sentenced to two years in prison, but following expressions of concern by President Bush, he was released and allowed to return to Hong Kong less than two weeks later (mainland officials explained that Lai was released to receive treatment for Hepatitis B). Two mainland Chinese church members convicted with Lai were sentenced to three years in prison and are apparently still in custody.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

Reference

Human Rights in China (HRIC), New York, New York. 12 March 2003. Correspondence sent by the communications director of the New York office.

Human Rights in China is an international monitoring and advocacy non-governmental organization based in New York and Hong Kong. Founded in March 1989 by Chinese scientists and scholars, it conducts research, education and outreach programs to promote universally recognized human rights and advance the institutional protection of these rights in the People's Republic of China (HRIC 12 Mar. 2003).

Additional Sources Consulted

IRB Databases

Unsuccessful attempts to obtain information from the Hong Kong Human Rights Monitor and the Hong Kong Human Rights Commission.

Internet sites, including:

Amnesty International

Centre for Religious Freedom

Golden Voice of Maiteya

Keston Institute

True Tao Home Page

World Encyclopedia of Religion

World I-Kuan Tao Headquarters

YiGuanDao.com